Shantilal Prabhatsinh Parmar & 2 vs State Of Gujarat & on 13 January, 2016

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Gujarat High Court

Shantilal Prabhatsinh Parmar & 2 vs State Of Gujarat & on 13 January, 2016

Bench: J.B.Pardiwala

                   R/CR.MA/7431/2015                                                 ORDER




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                   FIR/ORDER) NO. 7431 of 2015


                                                 With
                       CRIMINAL MISC.APPLICATION NO. 7522 of 2015
         ==========================================================
                    SHANTILAL PRABHATSINH PARMAR & 2....Applicant(s)
                                       Versus
                         STATE OF GUJARAT & 1....Respondent(s)
         ==========================================================
         Appearance:
         NANAVATI & CO., ADVOCATE for the Applicant(s) No. 1 - 3
         MR JK SHAH, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
         Z L KHAN, ADVOCATE for the Respondent(s) No. 2
         ==========================================================

                   CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
          
                                         Date : 13/01/2016 
                                       COMMON ORAL ORDER

1. The matter has been admitted. At the time of issue of Rule, the ad interim relief in terms of Para13(b) & 14(b) respectively was granted, which has continued till this date. The only basis or rather the foundation for the prosecution of the applicants before me for offence the under Section306 of the I.P.C. is a suicide note left behind by the deceased, wherein, it has been stated that Dakshaben i.e. the wife of the deceased had incest relationship with her own father i.e. the applicant no.1. There is absolutely no basis or any other evidence on record to substantiate such apprehension or doubt said to have been expressed by the deceased in his suicide note.

2. Since I have stayed the investigation, it will not be possible for the Investigating Agency to look into this issue. Therefore, I intend to modify Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Jan 16 00:13:05 IST 2016 R/CR.MA/7431/2015 ORDER the order to a certain extent. The investigation shall proceed further in accordance with law, however, no coercive steps be taken against the applicants, ofcourse, with an understanding that the applicants will cooperate in the investigation.

3. I am told that the applicant no.2Manojbhai Shantilal Parmar is no more. Therefore, application will not survive so far as the applicant no.2 is concerned.

4. To be heard with Criminal Misc. Application No.15286 of 2015. This matter be notified for hearing on 04.03.2016. On the next date of the hearing, the Investigating Officer shall appraise the Court of the investigation carried out and materials collected, if any against the applicants.

(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Jan 16 00:13:05 IST 2016

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