DHARMESH MANIBHAI PATEL Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Dharmesh Manibhai Patel
STATE OF GUJARAT
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(1.) RULE . Mr. K.T. Dave, learned Additional Public Prosecutor waives service of notice on behalf respondent No.1, State of Gujarat and Mr. H.N. Brahmbhatt, learned advocate waives service of notice on behalf respondent No.2.
(2.) HAVING regard to the facts of the case, by consent of the learned advocates for the parties, this matter is taken up for hearing today.
(3.) BY this petition under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 20th December, 2007 passed by the learned Judicial Magistrate First Class, Gandhinagar in Criminal Case No. 7278 of 1998, whereby non -bailable warrant has been issued against the present petitioner.
The facts giving rise to the present petition are that the petitioner had preferred Criminal Miscellaneous Application No.14144 of 2007 before this Court for quashing and setting aside the Criminal Complaint pursuant to which Criminal Case No.7278 of 1998 has been registered and is pending before the learned Judicial Magistrate First Class. On 18th December, 2007, this Court had passed the following order in the said application.
"1. Mr. V.M. Pancholi,learned advocate for the applicant states that he has received a copy of the affidavit -in -reply made by the respondent No.2 today. He, therefore, seeks some time. S.O. to 26th December, 2007.
2. Learned advocates for the parties have jointly submitted that they would seek an adjournment in the proceedings of Criminal Case No.7278 of 1998 pending in the Court of learned Judicial Magistrate First Class, Gandhinagar. Needless to state that if such a request is made, the concerned Court shall consider the same in light of the fact that this application is pending before this Court.";
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