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Haribhai Hirabhai Jatiya vs State Of Gujarat on 23 July, 2018

R/CR.MA/9502/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 9502 of 2017

HARIBHAI HIRABHAI JATIYA
Versus
STATE OF GUJARAT

Appearance:
NANAVATI AND CO.(7105) for the PETITIONER(s) No. 1,2,3,4
MR ASHISH M DAGLI(2203) for the RESPONDENT(s) No. 2
MS. M.D. MEHTA, APP (2) for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 23/07/2018
ORAL ORDER

1.This is an application seeking quashment of

the complaint being FIR bearing M-Case No.1

of 2017 dated 10.03.2017 registered with Bhuj

City Police Station, Kutch for the offences

punishable under Sections 323, 306 and 498A

and Section 114 of the Indian Penal Code read

with Sections 3 and 4 of the Dowry

Prohibition Act, 1961.

2. Applicant Nos. 1 and 2 are respectively

father-in-law and mother-in-law of the

deceased victim. Applicant Nos. 3 and 4 are

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R/CR.MA/9502/2017 ORDER

the married sisters of husband of deceased.

Relying on the decision of ‘Ramesh Kumar vs.

State of Chhatisgarh’ reported in (2001) 9

SCC 618, this application is moved seeking

following prayers:

“(a) To pass an order quashing First
Information Report No.M-Case No.1 of 2017 dated
10.03.2017 registered with Bhuj City Police
Station, Kutch for offences punishable under
Section 323, 306 and 498A read with Section 114
of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act, 1961;

(b) To pass an ex-parte ad-interim order
restraining the police from making any further
inquiry or investigation in connection with
First Information Report No.M-Case No.1 of 2017
dated 10.03.2017 registered at Bhuj City B-
Division Police Station Kutch for offences
punishable under Sections 323, 306 and 498A read
with Section 114 of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act,
1961 pending the hearing and final decision of
the present application;

(c) To pass any other order or orders in
favour of the applicants as this Hon’ble Court
deems fit under the facts and circumstances of
the case;

(d) The applicants has not file any other
applications before this Court or any other
Court. Including Hon’ble Supreme Court of India
on the subject.”

3.This Court, while issuing notice, had

directed not to take any coercive steps

against the applicant Nos.3 and 4 from

17.04.2017 and the same has continued till

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R/CR.MA/9502/2017 ORDER

next date. The applicant Nos.1 and 2 have

been granted regular bail by the competent

Court.

4.This Court, has heard the learned advocate

Mr. Nanavati for the applicants and Ms.

M.D.Mehta, learned APP for the State and the

learned advocate Mr. Shriram Bhargav with Mr.

Ashish Dagli learned advocate for the

respondent No.2.

5.On instructions, learned advocate Mr.

Nanavati has agreed to not press this

petition in wake the fact that the trial is

proceeding qua the co-accused husband, where

11 witnesses have already been examined.

Applicant Nos.3 and 4 shall remained present

before the Investigating Officer to complete

process of filing the additional report under

Section 173 of the Code of Criminal

Procedure. This application stands disposed

of with direction that interim protection

granted to the applicant Nos. 3 and 4 shall

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R/CR.MA/9502/2017 ORDER

continue till two weeks. Investigating

Officer shall file the final report qua both

the applicant Nos. 3 and 4 before the

competent Court which shall expeditiously

commit the matter to the Court of Session.

Let the entire proceeding be completed on or

before 2nd August, 2018 without fail. Once

the same is received let the Session Court

also complete the procedure of framing of

charges. Applicant Nos. 3 and 4 have agreed

to adopt the examination-in-chief. During

that period the applicant shall complete

appropriate proceedings.

6.Copy of this order shall be given to the

learned APP for onwards communication.

Direct service is permitted.

(MS. SONIA GOKANI, J)
JIGNESH

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