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2018 Supreme(Online)(Guj) 3746

GUJARAT HIGH COURT
ARUNBHAI BHAGWANJIBHAI VYAS (JASPARA) – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. This Court on 19.11.2018 passed the following order:

“1. The present respondent No.2 who is the complainant has lodged an FIR being C.R. No.I143 of 2018 at Keshod Police Station, Junagadh on 21.10.2018 for the offences punishable under Sections 498A, 323, 504, 506(2) and 114 of the Indian Penal Code.

2. The earlier complaint made being C. R. No. I3 of 2017 registered with Keshod Police Station, Junagadh on 28.03.2015 for the offences punishable under Sections 498A, 323, 506(2) and 114 of the Indian Penal Code.

3. According to the learned advocate appearing for the applicants, the learned Additional Chief Judicial Magistrate, Keshod has acquitted the present applicants and others by giving benefits of doubts from all the charges vide judgment and order dated 05.07.2017. He has urged that as such complainant is not desirous of staying under the same roof with the father of the applicant.

4. Let the investigating officer remain present on the next date of hearing.

5. In the meantime, the Investigating Officer shall follow the dictum of the Hon'ble Apex Court rendered in the case of Joginder Kumar V. State of Uttar Pradesh and others, reported in (1994) 4 SCC 260.

6. Let the ma

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