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Gujarat High Court

Kamlesh Jivanlal Dave vs State Of Gujarat on 15 June, 2021

Author: Vikram Nath

Bench: Vikram Nath, Biren Vaishnav

    C/SCA/2995/2021                           ORDER DATED: 15/06/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 2995 of 2021
                               With
       CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
          In R/SPECIAL CIVIL APPLICATION NO. 2995 of 2021
                               With
         R/SPECIAL CRIMINAL APPLICATION NO. 2642 of 2021
                               With
           R/SPECIAL CIVIL APPLICATION NO. 4863 of 2021
                               With
         R/SPECIAL CRIMINAL APPLICATION NO. 4730 of 2021
                               With
         R/SPECIAL CRIMINAL APPLICATION NO. 4783 of 2021
                               With
           R/SPECIAL CIVIL APPLICATION NO. 7522 of 2021
                               With
         R/SPECIAL CRIMINAL APPLICATION NO. 5320 of 2021
==========================================================
                      KAMLESH JIVANLAL DAVE
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK N SHAH(5280) for the Petitioner(s) No. 1,2
MR VIRAT G POPAT(3710) for the Petitioner(s) No. 1,2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       VIKRAM NATH
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                         Date : 15/06/2021

                      COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH) Ms. Shruti Pathak, learned Assistant Government Pleader appearing for the State respondents in all the matters has prayed for four weeks' further time to file Page 1 of 3 Downloaded on : Tue Jun 15 23:45:22 IST 2021 C/SCA/2995/2021 ORDER DATED: 15/06/2021 counter affidavit. Time prayed for is granted. The petitioners will have three weeks thereafter to file rejoinder affidavit.

List all these matters immediately on the expiry of the aforesaid period i.e. on 28.07.2021. Interim relief granted earlier in the respective matters to continue till further orders of the Court.

Mr. Shashvata Shukla, learned counsel for the petitioners, has stated that Special Criminal Application No.4028 of 2021 is also similar matter. Let Special Criminal Application No.4028 of 2021 be connected and listed with this group of matters on 28.07.2021. Civil Application No.1/2021 in Special Civil Application No. No.2995 of 2021 Mr. Jigar Gadhvi, learned counsel appearing for the applicant has pressed this application. Mr. Virat Popat, learned counsel for the petitioner has no objection. According this application is allowed. Page 2 of 3 Downloaded on : Tue Jun 15 23:45:22 IST 2021

C/SCA/2995/2021 ORDER DATED: 15/06/2021 Mr. Gadhvi, learned counsel for the applicant may file counter affidavit within the time allowed to the State. Special Criminal Application No.4783 of 2021 Heard Mr. P.J.Kanabar, learned counsel for the petitioners.

For the reasons recorded in the earlier interim orders passed in some of the above matters, the petitioner is also entitled for interim relief in this matter. Accordingly, further proceedings of the FIR are stayed till further orders.

(VIKRAM NATH, CJ) (BIREN VAISHNAV, J) P. SUBRAHMANYAM Page 3 of 3 Downloaded on : Tue Jun 15 23:45:22 IST 2021