IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR AMMENDMENT) NO. 1 of 2021 In R/SPECIAL CRIMINAL APPLICATION NO. 8185 of 2020 ==========================================================

HINABEN W/O. KETANBHAI DALWADI Versus STATE OF GUJARAT ==========================================================

Appearance:

MR HET N SHAH(11211) for the PETITIONER(s) No.

MR. NISHIT P GANDHI(6946) for the PETITIONER(s) No.

MR MAHESH PUROHIT for MR. MAULIK M SONI(7249) for the RESPONDENT(s) No.

MS MD MEHTA, ASSISTANT PUBLIC PROSECUTOR for the RESPONDENT(s) No.

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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 06/04/2022

IA ORDER

1. Heard learned Advocate Mr. Nishit P. Gandhi on behalf of the petitioners and learned APP Ms. M. D. Mehta on behalf of the respondent-State, learned Advocate Mr. Mahesh Purohit for learned Advocate Mr. Maulik M. Soni on behalf of the respondent no. 2.

2. Learned Advocate Mr. Gandhi would submit that the present application has been preferred inter alia praying for stay of further proceedings of Criminal Case No. 1461 of 2021 pending before the learned Judicial Magistrate First Class, Patan. Learned Advocate Mr. Gandhi would submit that the main application impugn an FIR being C. R. No. 11217001200012 of 2020 registered with the Mahila Police

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Sections-498A, 323, 504, 506(2), 294(b), 114.

2.1. Learned Advocate Mr. Gandhi would submit that the applicants are brother in law, married sister in law and daughter of married sister in law. Learned Advocate Mr. Gandhi would submit that while charge sheet has also been preferred with regard to the FIR, there are no material found in the charge sheet which would support the allegations leveled against the present applicants. Learned Advocate Mr. Gandhi would further submit that initially vide order dated 11.12.2020 learned Co-ordinate Bench of this Court (Coram: Justice A. P. Thaker) had been pleased to direct the Investigating Officer not take any coercive steps against the applicants. Learned Advocate Mr. Gandhi would further submit that the other co-accused being the father in law and the mother in law had preferred Special Criminal Application No. 1133 of 2021 and whereas vide order dated 08.02.2021 learned Co-ordinate Bench of this Court (Coram: Justice B. N. Karia) had been pleased to stay further proceedings upon the FIR qua the said applicants.

2.2. Learned Advocate Mr. Gandhi would submit that such a prayer not being granted in favour of the present applicants has resulted in Trial Court proceedings further that the Criminal Case arising from the impugned FIR which is causing grave hardships to the present applicants. Learned Advocate Mr. Gandhi would therefore, submit that the interim

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proceedings of the Criminal Case referred to herein above. 3. Having regard to the submissions made by learned Advocate Mr. Gandhi, learned Advocate Mr. Purohit has sought for time to file an affidavit-in-reply.

4. In this view of the matter, let the present application as well as the main matter be listed for further consideration on the 20.04.2022. Interim relief granted vide order dated 11.12.2020 is modified to the extent of directing that further proceedings of Criminal Case No. 1461 of 2021 arising from the impugned FIR are stayed till the next hearing date.

(NIKHIL S. KARIEL,J)

Mrs. J. J. Kedia

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