Sunil Bhivaji Kamle3 vs State Of Gujarat

                                                                                     NEUTRAL CITATION




     R/CR.MA/4446/2014                                JUDGMENT DATED: 11/08/2023

                                                                                      undefined




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL MISC.APPLICATION NO. 4446 of 2014


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE M. R. MENGDEY

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1      Whether Reporters of Local Papers may be allowed                   No
       to see the judgment ?

2      To be referred to the Reporter or not ?                            No

3      Whether their Lordships wish to see the fair copy                  No
       of the judgment ?

4      Whether this case involves a substantial question                  No
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

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                         SUNIL BHIVAJI KAMLE3 & 1 other(s)
                                     Versus
                          STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR. NAVED A. SHAIKH, ADVOCATE for MR SAMIR AFZAL KHAN(3733) for
the Applicant(s) No. 1,2
MR. MEET R. MODI, ADVOCATE for MR. BHADRISH S RAJU(6676) for the
Respondent(s) No. 2
for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 11/08/2023

                                ORAL JUDGMENT

1. On 28.7.2023, this Court had called for the report from the concerned Trial Court as regards the status of the matter before the concerned Trial Court.

NEUTRAL CITATION R/CR.MA/4446/2014 JUDGMENT DATED: 11/08/2023 undefined Pursuant to the said order, by a communication dated 3.8.2023, learned Additional Chief Metropolitan Magistrate, Court No.16, Ahmedabad has submitted his report inter alia stating as under;

"..as per the record of the case proceedings, the matter is for the service of NBW against Accused persons as they have not remained present before this court. Accused no.1 not remaining present before this Court since 21/1/2015 and Accused no.2 not remaing present before this court since 22/09/2017."

2. It is pertinent to note that this Court vide order dated 28.4.2014 had ordered to issue 'Rule' in the present matter. However, no interim relief was granted, and therefore, the investigation was conducted upon the present Applicants and chargesheet was also filed. Thereafter, the Applicants herein have not appeared before the concerned Trial Court and they also have evaded the service of Non-Bailable Warrant issued against them. On one hand the Applicants are pursuing the present Application for quashing of the FIR and on the other hand they are not co-operating with the Trial Court.

3. Considering these facts, the present Application deserves to be dismissed and hence the same is hereby dismissed. Rule is discharged. Interim relief granted earlier shall stand vacated.

(M. R. MENGDEY,J) J.N.W Page 2 of 2 Downloaded on : Sun Sep 17 01:07:11 IST 2023