Mayurbhai Ashwin Kumar Jayswal & 4 vs State Of Gujarat & on 11 August, 2017

R/SCR.A/5534/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO. 5534 of
2017

MAYURBHAI ASHWIN KUMAR JAYSWAL 4….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR.MINHAJ M SHAIKH, ADVOCATE for the Applicant(s) No. 1 – 5
MR RAKESH PATEL, LD.APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 11/08/2017

ORAL ORDER

I have heard learned advocate for the applicants and
considered the fact that FIR was lodged at the instance of the
present applicants in the year 2011 for the offence punishable
under section 498A of the Indian Penal Code, which is pending for
trial. I have also considered the fact that maintenance application
filed by the respondent No.2 in the year 2016, came to be
dismissed for non-prosecution. Now, the present complaint is under
Domestic Violance Act,2005.

Rule returnable on 13/11/2017. Mr.Rakesh Patel,
learned Additional Public Prosecutor waives service of Rule on
behalf of respondent No.1- The State of Gujarat.

Ad-interim relief in terms of Para 7(C) till then.
However, learned Trial Court shall proceed with the FIR being
C.R.No.I – 79 of 2011 registered with Jawaharnagar Police Station,
Vadodara. Direct service is permitted for respondent No.2, to be
served through the concerned Police Station.

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R/SCR.A/5534/2017 ORDER

[A.J.DESAI,J.]
*dipti

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