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R/SCR.A/985/2019 ORDER DATED: 19/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 985 of 2019
JUBEDABEN W/O DAWOOD ISMAIL PATEL
Versus
STATE OF GUJARAT 1 other(s)
Appearance:
MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1
DHWANI P LAKHANI(8222) for the Respondent(s) No. 3
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2
MS MONALI BHATT APP for the Respondent(s) No. 1
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 19/07/2021
ORAL ORDER
1. Perused the Office Note dated 15.07.2021. The
report of the Chief Judicial Magistrate, Bharuch is placed
on record with the subject of extension of time limit
prescribed in Special Criminal Application No.985 of
2019, wherein by an oral judgment dated 16.06.2021, the
learned Chief Judicial Magistrate was directed to
conclude the trial within a period of 15 days from the
date of receipt of writ of the said order.
2. As per the report of the learned Chief Judicial
Magistrate, because of some personal inconvenience of
the Court, which are cited in the report, the trial Could
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not be initiated as per the direction. Further the learned
Chief Judicial Magistrate, Bharuch, has prayed for
granting extension of six months on the ground that three
Criminal Cases being Criminal Case No.3305 of 2014,
Criminal Case No.1690 of 2017 and Criminal Case
No.8074 of 2019, which has arisen from complaint being
C.R. No.II-16 of 2010, registered with Bharuch Rural
Police Station for the offences punishable under Sections
498A, 323 and 114 of IPC and Section 3 and 7 of Dowry
Prohibition Act, are to be tried together.
3. The trial of the criminal cases, were directed to
be conclude within 15 days in Special Criminal
Application No.985 of 2019, as the petitioner was stated
to be the resident of Zambia and she staying with the
husband and the family members. Because of the
pendency of the case, she could not return back to her
family and the complaint is of the year 2010.
4. Since the report of the learned Judicial
Magistrate, Bharuch states that three matters have arisen
of the common F.I.R. and are to be tried together, and
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taking the urgency of the petitioner and balancing the
need of prosecution to examine the witnesses keeping in
mind the report of the learned Judicial Magistrate, it
would be in the fitness of the matter that the learned
Judicial Magistrate, Bharuch, expedites the trial upon the
three matters and preferably, if possible, to have day-to-
day proceeding in the matter.
5. It is thus, directed that proceedings of all the
three matters being Criminal Case No.3305 of 2014,
Criminal Case No.1690 of 2017 and Criminal Case
No.8074 of 2019, be concluded within Three Months
from the date of receipt of writ of this order. The Office
Note accordingly disposed of.
Office to send the copy of this order to the
concerned trial Court.
(GITA GOPI, J.)
Pankaj
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