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Atulbhai Babubhai Desai vs State Of Gujarat on 1 October, 2019

R/CR.MA/17324/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 17324 of 2019

ATULBHAI BABUBHAI DESAI 6 other(s)
Versus
STATE OF GUJARAT 1 other(s)

Appearance:
MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1,2,3,4,5,6,7
MR KP RAWAL, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
for Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI

Date : 01/10/2019

ORAL ORDER

Heard Ms. Kruti M. Shah, learned advocate for the
applicants. She has submitted that very general and vague
allegations are made to invoke the provisions of Section 498A
of the Indian Penal Code and analogus offences. She has
further submitted that the instances shown in the FIR are
almost on domestic issues. She has further submitted that the
allegation of demand of money for the purpose starting
business is made only against the husband, who is not before
this Court in this proceedings. Except that, only general and
vague allegations of taunting and issue with regard to
domestic work is alleged against the applicants. She has
further submitted that except applicant nos.1 and 2, who are
the father-in-law and mother-in-law, rest of the applicants are
distant relatives and are staying separate may be in the very
same village. She has further submitted that after about nine

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R/CR.MA/17324/2019 ORDER

months of the first informant staying separate from the in-laws
family, present FIR has come to be filed, that too, after the
husband filed the divorce proceedings, as contended by the
learned advocate for the applicants. Hence, the matter
requires consideration. RULE returnable on 19.12.2019. Shri
K.P. Rawal, learned Additional Public Prosecutor, waives
service of notice of rule on behalf of respondent no.1 – State.

By way of ad-interim relief, proceedings in Criminal
Case No.1947 of 2018, pending in the Court of learned Chief
Judicial Magistrate, Navsari, is hereby stayed.

Direct service is permitted.

(UMESH A. TRIVEDI, J.)

siji

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