Gujarat High Court
Patel Hemantbhai Hargovanbhai ... vs State Of Gujarat on 12 December, 2018
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.RA/1419/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1419 of 2018
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PATEL HEMANTBHAI HARGOVANBHAI ISHWARLAL
Versus
STATE OF GUJARAT
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Appearance:
MR TEJAS M BAROT(2964) for the PETITIONER(s) No. 1,2,3,4
MR KL PANDYA ADDITIONAL PUBLIC PROSECUTOR(2) for the
RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 12/12/2018
ORAL ORDER
Rule. Learned APP waives for the respondent - State.
Having regard to the nature of accusation, mainly being under the provisions other than section 395 of Indian Penal Code ( for short 'IPC'), the proceedings qua section 395 of IPC are required to be stayed in the light of the decision by this Court in Dharmendrabhai Nandubhai Patel and Anr. 2011 (3) G.L.H 739 and in Hitamsingh Shivsing v. The State of Gujarat - (1961) GLR 678. The invocation of section 395 in the facts and circumstances of the case prima facie seems to be doubtful proposition. It is however clarified that the mere stay of the proceedings under section 395 of IPC would not entitle the court of sessions to exercise the powers under section 228(1)(a) of the Code of Criminal Procedure. Stay stand shall operated for a period of six months initially. Direct service is permitted.
(G.R.UDHWANI, J) niru* Page 1 of 1