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2007 Supreme(Guj) 359

J.M.PANCHAL, ABHILASHA KUMARI
KERSHI PIROZSHA BHAGVAGAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ARCHANA RAVAL, KRUTI M.SHAH, M.P.SHAH, MANISH R.RAVAL, PREMAL R.JOSHI, V.H.Nangesh

( 1 ) RULE is issued in Special Criminal application No. 1261 of 2005. Ms. Archana c. Raval, learned APP waives service of notice on behalf of respondent No. l. Mr. Manish R. Raval, learned counsel, waives service of notice on behalf of respondent No. 2. In Special Criminal application Nos. 1716 to 1718 of 2005, rule was issued on 13-2-2007 and the respondents are duly served.

( 2 ) THE abovenumbered petitions have been placed before this Court pursuant to the order dated 27-12-2006 passed by learned Single Judge of this Court in special Criminal Application No. 1261 of 2007, which reads as under:

( 3 ) MS. Shah, learned Advocate for the petitioner, in support of her case, has placed reliance on following decisions, (A) Satishkumar Jayantilal Shah v. State of Gujarat and Anr. reported in 1999 DCR 329 (B) K. P. Devassy v. The Official liquidator reported in 1999 DCR 339

( 4 ) HAVING gone through the aforesaid decisions, it appears that the view taken by the respective learned Single Judges are contrary. I am, therefore of the opinion that the matter requires to be placed before the division Bench.

( 5 ) OFFICE, therefore, is directed to place the matter before the Division Bench, ta
















































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