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2012 Supreme(SC) 959

G.S.SINGHVI, GYAN SUDHA MISRA
Satyajit Ballulbhai Desai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Huzefa Ahmadi, Ejaz Maqbool
For the Respondent: Hemantika Wahi

JUDGMENT :

Gyan Sudha Misra, J.

1. Leave granted.

2. The Appellants herein have assailed the judgment and order of the High Court of Gujarat at Ahmedabad dated 29.09.2011 passed in Special Crl. Application No. 810/2011 alongwith Criminal Miscellaneous Application No. 11636/2011 whereby the learned single Judge was pleased to dismiss the applications and thus upheld the order passed by the learned Magistrate permitting police remand of the Appellants herein for three days for their interrogation in complaint case No. 3/2004 registered in the court of Judicial Magistrate (1st Class) Valod, Gujarat which had been referred to the police for investigation after which the said complaint was registered as Talod M. Case No. 1/2004.

3. Before we consider the justification and correctness of the impugned order permitting police remand of the Appellants, the relevant factual details are required to be recorded which disclose that a lady named Surjaben widow of Badharsinh @ Babarsinh Chauhan aged approximately 80 years filed a criminal complaint before the Judicial Magistrate 1st Class (JMIC), Valod in Gujarat being case No. 3/2004 against the Appellants alleging inter-alia that the husband of the















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