SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jubedaben W/O Dawood Ismail Patel vs State Of Gujarat on 19 July, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

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

Page 1 of 3

Downloaded on : Tue Jul 20 06:19:18 IST 2021
R/SCR.A/985/2019 ORDER DATED: 19/07/2021

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

Page 2 of 3

Downloaded on : Tue Jul 20 06:19:18 IST 2021
R/SCR.A/985/2019 ORDER DATED: 19/07/2021

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

Page 3 of 3

Downloaded on : Tue Jul 20 06:19:18 IST 2021

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation