Gujarat High Court
Vikas Rameshchandra Bunkar vs State Of Gujarat on 30 January, 2025
NEUTRAL CITATION
R/SCR.A/1283/2025 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1283 of 2025
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VIKAS RAMESHCHANDRA BUNKAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DEVDIP BRAHMBHATT(3490) for the Applicant(s) No. 1
MR. UTSAV H KHAMAR(14493) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/01/2025
ORAL ORDER
1. Heard learned advocate for the petitioner.
2. The present petition is filed for the following prayers:
"(a) YOUR LORDSHIPS may be pleased to quash and setting aside (1) FIR registered in Ramol Police Station under Section- 498(A), 323 & 114 of Indian Penal Code, 1860 and Section- 3 & 7 of Dowry Prohibition Act, 1961 being FIR No.- 5 of 2017 & Chargesheet filed on dated 08.03.2017 which resulted Criminal Case No.-24732/2017 pending before Additional Chief Judicial Magistrate Court No.- 10 at Ahmedabad, (2) Criminal Misc. Application no.
5000341 of 2016 & Criminal Appeal No. 669/2017 Complaint filed under the provision of Protection of Women from Domestic Violence Act, 2005 and other connected proceedings pending before Additional Chief Judicial Page 1 of 3 Uploaded by SLOCK BAROT(HC01781) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:32:02 IST 2025 NEUTRAL CITATION R/SCR.A/1283/2025 ORDER DATED: 30/01/2025 undefined Magistrate Court No.- 10 at Ahmedabad and (3) Criminal Miscellanous Application no. 4109 of 2019 preferred under Section- 125 of Criminal Procedure Code, 1973, pending before Learned Family Court at Ahmedabad or in the alternative remedy, this Hon'ble may be pleased to direct the learned trial court to expedite the trial and complete the same within 3 months;
(b)Pending admission and final disposal of this petition, the implementation, execution and operation of (1) FIR registered in Ramol Police Station under Section-498(A), 323 & 114 of Indian Penal Code, 1860 and Section-3 & 7 of Dowry Prohibition Act, 1961 being FIR No.- 5 of 2017 & Chargesheet filed on dated 08.03.2017 which resulted Criminal Case No.- 24732/2017 pending before Additional Chief Judicial Magistrate Court No.- 10 at Ahmedabad, (2) Criminal Misc. Application no.-5000341 of 2016 & Criminal Appeal No. 669/2017 Complaint filed under the provision of Protection of Women from Domestic Violence Act, 2005 and other connected proceedings pending before Additional Chief Judicial Magistrate Court No.- 10 at Ahmedabad and (3) Criminal Miscellanous Application no. 4109 of 2019 preferred under Section- 125 of Criminal Procedure Code, 1973, pending before Learned Family Court at Ahmedabad may be stayed; and
(c) Such other and further relief, as, are deemed fit, in the facts and circumstances of this case may kindly be granted."
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3. Taking into consideration the judgment rendered in the case of High Court Bar Association, Allahabad vs. The State of Uttar Pradesh passed in Criminal Appeal No.3589 of 2023, this Court is not supposed to grant any specific direction to expedite the proceedings.
4. However, it is open for the petitioner to file appropriate application before the concerned trial Court to expedite the proceedings, which shall be considered by the trial Court by keeping in mind the observations made in the case of High Court Bar Association (supra).
5. With the aforesaid observations and directions, the present petition stands disposed of.
(SANDEEP N. BHATT,J) SLOCK BAROT Page 3 of 3 Uploaded by SLOCK BAROT(HC01781) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:32:02 IST 2025