R/CR.MA/20562/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 20562 of 2017
In CRIMINAL MISC.APPLICATION NO. 22937 of 2015
VINITKAKUBHAI THAKKER 1….Applicant(s)
Versus
STATE OF GUJARAT 2….Respondent(s)
Appearance:
MR ASIM J PANDYA, ADVOCATE for the Applicant(s) No. 1 – 2
MR HK PATEL, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 18/08/2017
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor Mr. H.K.
Patel waives service of notice of Rule on behalf of the
respondent State.
2. This application is filed for quashing of the warrants which
are issued in Criminal Case No.7850/2012 by the Court of
the learned Chief Judicial Magistrate First Class
(Municipal), Rajkot. Criminal Case No.7850/2012 is in
connection with First Information Report being I-C.R.
No.43/2011 registered with Rajkot Mahila Police Station
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R/CR.MA/20562/2017 ORDER
on 26.10.2011 for the offences punishable under Sections
406, 498(A) and 114 of the Indian Penal Code.
3. Learned Advocate for the applicant submits that the
applicant had filed Criminal Miscellaneous Application
No.22937/2015 before this Court and this Court by an
order dated 07.12.2015 had granted ad-interim relief in
terms of Paragraph 8(C) of the application.
4. Learned Advocate for the applicant submits that despite
the stay on the proceedings in the main application, the
Court of the learned Chief Judicial Magistrate First Class
has issued bailable warrants which was sought to be
served through the local Police Station at Mumbai and
again on 03.08.2017, the applicant had to furnish bail and
surety to the tune of Rs.3,000/ in response to such
bailable warrants. He submits that again the bailable
warrant is issued which is made returnable on 19.08.2017.
It is further submitted that issuance of bailable warrant is
in clear breach of the ad-interim stay granted on further
proceedings in connection with the aforementioned
criminal case.
5. I have gone through the pleadings in the application and
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R/CR.MA/20562/2017 ORDER
the order dated 07.12.2015 passed by this Court granting
ad-interim relief in terms of Paragraph 8(c) which reads as
under :-
“8.C. Pending admission, hearing and final disposal
of this petition, this Hon’ble Court may be pleased to
stay the further proceedings against the present
petitioners in pursuant to the Charge-sheet
No.30/2012 filed by the Investigating Officer for the
offences punishable under section 406, 498A and 114
of the IPC pursuant to the FIR No.I43/2011 filed by
the Respondent No.2 before the Mahila Police
Station, Rajkot Dt. 26/10/2011;”
6. It is abundantly clear that the order of this Court was for
stay of further proceedings in connection with the
aforementioned case and therefore, issuance of warrants
was unwarranted.
7. In view of the aforesaid, the warrants issued against the
applicants – Vinit Thakker and Sheetal Vinitbhai Thakkar
by the Court of the learned Chief Judicial Magistrate First
Class (Municipal) in Criminal Case No.7850/2012 is
ordered to be quashed.
8. While ordering quashing of such warrants, it would be
appropriate to direct the learned District and Sessions
Judge to enquire into the circumstances of issuance of such
warrants, despite the order of stay of further proceedings
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R/CR.MA/20562/2017 ORDER
by this Court and a Report be maintained on the file of the
learned District and Sessions Judge.
9. The application stands disposed of in the aforesaid terms.
Rule made absolute. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J.)
Caroline
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