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2023 Supreme(Guj) 1016

A. S. SUPEHIA, M. R. MENGDEY
Ajay Raydhanbhai Kumbharwadiya (Boricha) – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : I.H. Syed, Jayprakash Umot, Prithu Parimal, Vishrut Bhandari.
For the Respondents: Mitesh Amin, Vrunda Shah, S.I. Nanavati, Pratik Y. Jasani, Dipen K. Dave, Jal Unwala, Jigar G. Gadhavi, Pawan A. Barot.

JUDGMENT :

A.S. SUPEHIA, J.

1. By an order dated 27.01.2022, the Coordinate Bench had placed the matter on 01.02.2022 for framing of charge. Thereafter, since the contentions were raised on behalf of the respondent no. 4 with regard to the non-maintainability of the contempt petition, by a comprehensive order dated 09.02.2022, the Coordinate Bench of this Court, after referring to the submissions advanced by the learned Senior Advocates appearing for the respective parties and taking the note of the facts and law enunciated by the Apex Court in the case of Aarnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and D.K. Basu vs. State of West Bengal, (1997) 1 SCC 416 had opined in Paragraph No. 5 as under:

    “Aforesaid facts would leave no manner of doubt that prima facie, there being violation of the directions issued by Apex Court in D.K. Basu’s case and also Arnesh Kumar’s case referred to supra, reiterating our order dated 27.01.2022, we direct the Registry to list this matter for framing the charge/s as against the accused on 23.2.2022.........”

However, the matter was adjourned in view of the request made by the learned Senior Advocate appearing for the respondent to settle the dispute

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