Gujarat High Court
Krushnakantbhai Fuljibhai Patel vs State Of Gujarat on 4 June, 2014
Author: R.D.Kothari
Bench: R.D.Kothari
R/SCR.A/2197/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2197 of 2014
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KRUSHNAKANTBHAI FULJIBHAI PATEL....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR DM AHUJA, ADVOCATE for the Applicant(s) No. 1
MR KP RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 04/06/2014
ORAL ORDER
Heard learned Advocates for the parties.
2. The petitioner is Official Liquidator facing charge under Prevention of Corruption Act. The petitioner challenges the order passed by the trial Court on 31.05.2014, whereby the trial Court has passed an order, in substance, delivering the custody of the petitioner to IO for 'Voice Spectrography Test' at FSL, Gandhinagar.
3. RULE. Learned APP Mr.K.P.Raval waives service of Rule on behalf of the respondent-State.
With consent, the petition is taken up for
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R/SCR.A/2197/2014 ORDER
final hearing.
4. Upon hearing learned Advocates for the parties, the order under challenge is modified. The petitioner shall cooperate the IO in investigation of ACB Police Station C.R. No.8 of 2014, including cooperation for 'Voice Spectrography Test' of the petitioner at FSL, Gandhinagar. Learned APP submits that IO would intimate in advance to the petitioner for the above test at FSL, Gandhinagar.
5. Learned Advocate for the petitioner undertakes to file an undertaking of the petitioner within one week from today to cooperate the IO.
6. On an undertaking given by the petitioner to cooperate the IO in 'Voice Spectrography Test', the order of trial Court of handing over custody of the petitioner to IO is hereby quashed and set aside.
7. Rule is made absolute to the above extent.
Direct service is permitted.
(R.D.KOTHARI, J.) SHITOLE Page 2 of 2