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Devang Mahendra Raval vs State Of Gujarat on 13 January, 2020

R/SCR.A/9972/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 9972 of 2019

DEVANG MAHENDRA RAVAL
Versus
STATE OF GUJARAT

Appearance:
ABHISST K THAKER(7010) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 13/01/2020

ORAL ORDER

1. By way of the present petition, the petitioner has prayed for
the following relief in terms of para 19(A):-

“Your Lordships may be pleased to admit and allow the
present application thereby quashing and setting aside
the impugned complaint i.e. First Information Report
registered as C.R. No.60 of 2017 dated 18.9.2017,
lodged by the respondent No.2 (original complainant
herein) with Mahila Police Station, Dist: Jamnagar for
the offences punishable u/s 498A, 323, 504, 506(2) of
the IPC and u/s 4 of the Dowry Prohibition Act and the
Criminal Case No.6508 of 2019 pending before the
Hon’ble 2nd Addl. Senior Civil Judge ACJM, Jamnagar
and proceedings arising there from.”

2. It appears that the chargesheet is filed in the matter and no
charge is framed.

3. Having heard submissions made at bar and considering the
averments made in the present petition, no case is made out
to entertain the present petition without availing alternate

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R/SCR.A/9972/2019 ORDER

remedy to file discharge application. Therefore, the present
petition is not entertained at this stage. However, the
petitioner is at liberty to file discharge application and also to
file appropriate proceedings either u/s 397 or 482 of the Code
of Criminal Procedure, 1973 before appropriate competent
Court, after remedy to file discharge application is availed.

4. It is clarified that this Court has not examined the merits of
the present application.

5. Accordingly, present petition stands disposed of.

(S.H.VORA, J)
SHEKHAR P. BARVE

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