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2023 Supreme(Guj) 3

GITA GOPI
Rajeshbhai Hardhorbhai Manka – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Bhushan B. Oza.
For the Respondent: Mr. Aman A. Sama, Mr. Meet D. Kakadia, Mr. Dhawan Jayswal.

ORDER :

1. The prayer is made in the Criminal Misc. Application (For Vacating Interim Relief) No.1 of 2022 for vacating interim relief granted to the respondents – original petitioner in the main matter vide order dated 22.11.2019. Advocate Mr. Aman A.Sama for the complainant submits that because of order dated 22.11.2019, no charge-sheet has been filed without the permission of the Court and the investigation has been stopped.

2. Thus, the prayer is made to vacate the interim relief granted vide order dated 22.11.2019, which read as under:

    “Prima facie, it appear that there exists civil transaction. Therefore, present application deserves consideration. Issue Notice returnable on 01.04.2020. Learned APP waives service of notice on behalf of the respondent – State.

Meanwhile, no coercive steps shall be taken against the applicants. However, investigation to proceed in accordance with law, but charge sheet shall not be filed without permission of the Court.

Direct service is permitted.”

3. The FIR shows as of dispute between landlord and tenant, thus, the main matter being Criminal Misc. Application No.21675 of 2019 be listed today.

4. In the main matter being Criminal Misc. Applicati

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