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Shahidhussain S/O Abdulhakim … vs State Of Gujarat on 16 July, 2021

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R/CR.MA/11078/2021 ORDER DATED: 16/07/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC. APPLICATION NO. 11078 of 2021

SHAHIDHUSSAIN S/O ABDULHAKIM VORA
Versus
STATE OF GUJARAT

Appearance:
MR. MI SAIYED(6899) for the Applicant(s) No. 1,2,3,4
MR RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1,2,3,4
for the Respondent(s) No. 2
MR MITESH AMIN, PP WITH MR DM DEVNANI, APP (2) for the
Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 16/07/2021
ORAL ORDER

Heard learned advocate Mr.Rafik Lokhandwala for
the applicants.

It is submitted by the learned advocate for the
applicants that marriage span of applicant No.1 with
respondent No.2 wife is more than 12 years. It is
submitted that in the year 2016, respondent No.2
filed an FIR against applicant Nos.1 and 2 for the
offences punishable under
Sections 498A, 325, 504 and
114 of the Indian Penal Code before the Viramgam Town
Police Station. It is further submitted that after
conclusion of the trial, present applicant Nos.1 and
2 have been acquitted by the concerned trial Court.
Now, the present FIR is filed. Learned advocate for
the applicants has also referred the averments made
in the impugned FIR and, thereafter, contended that
the impugned FIR is nothing but a gross abuse of
process of the Court.

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R/CR.MA/11078/2021 ORDER DATED: 16/07/2021

In view of the aforesaid submissions canvassed
by the learned advocate for the applicants, issue
Notice, returnable on 11.10.2021. Learned Additional
Public Prosecutor waives service of notice for the
respondent State.

Till the returnable date, no coercive steps
shall be taken against the applicants.

(VIPUL M. PANCHOLI, J)
piyush

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