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Vinaykumar Brijlal Tiwari vs State Of Gujarat on 4 March, 2020

R/CR.MA/4749/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 4749 of 2020

VINAYKUMAR BRIJLAL TIWARI
Versus
STATE OF GUJARAT

Appearance:
MR JIGAR D DAVE(6528) for the Applicant(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 04/03/2020

ORAL ORDER

1. By way of the present petition, the petitioners have prayed
for the following relief in terms of para in 15[B]:-

“This Hon’ble Court may be pleased to quash and set
aside the FIR being I – CR No.139/2019 registered
before the Sabarmati Police Station, Ahmedabad in
respect of offences punishable u/s 498A, 323 and 114 of
the IPC and u/s 3 and 7 of the Dowry Prohibition Act.”

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
remedy to file discharge application. Therefore, the present
petition is not entertained at this stage. However, the
petitioners are at liberty to file discharge application and also
to file appropriate proceedings either u/s 397 or 482 of the

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R/CR.MA/4749/2020 ORDER

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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