Gujarat High Court
Jayanti Bhanji Satwara vs State Of Gujarat & 3 on 9 March, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/938/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 938 of 2015
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JAYANTI BHANJI SATWARA....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1
MR P P MAJMUDAR, ADVOCATE for the Respondent(s) No. 2 - 3
NOTICE SERVED for the Respondent(s) No. 4
MS NISHA THAKORE, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/03/2017
ORAL ORDER
1. This application is not pressed since what is challenged is an interim order passed by the Court concerned directing the husband to hand over the custody of the minor son to the mother. The proceedings under Section97 of the Cr.P.C. initiated at the instance of the respondent no.2 herein are still pending in the Court of the learned Judicial Magistrate First Class, Anjar (Kuchchh).
2. Instead of adjudicating the legality and validity of the impugned order passed by the learned Judicial Magistrate First Class, Anjar, it would be appropriate if the learned Judicial Magistrate First Class, Anjar disposes of the main proceedings after hearing both the parties in accordance with law. The rights and contentions available to both the parties are kept open to be canvassed before the learned Judicial Magistrate First Class, Anjar.
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R/SCR.A/938/2015 ORDER
3. With the above, this application is disposed of. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Mon Aug 14 07:52:12 IST 2017