Ashwin @ Raju Ranchhodbhai Poyala vs State Of Gujarat
2021 Latest Caselaw 3300 Guj

        R/CR.MA/2818/2021                                  ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 2818 of 2021

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               ASHWIN @ RAJU RANCHHODBHAI POYALA
                              Versus
                        STATE OF GUJARAT
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Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 25/02/2021

                             ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the FIR being CR No. I-33 of 2018 registered

with Mangrol Police Station, District: Junagadh for the offence

punishable under Sections 366, 363 and 376 of the Indian Penal

Code and Sections 4, 8 and 12 of the POCSO Act and further

prayed to stay the further proceedings thereof till final disposal of

this application.

Heard learned advocate for the applicant.

It was submitted by learned advocate for the applicant that

entire trial before the trial court is over and prosecution has

completed its evidence by examining witnesses and arguments are

heard by the court concerned and Special POCSO Case No. 31 of

R/CR.MA/2818/2021 ORDER

2019 is pending for pronouncement of judgment. Therefore,

learned advocate for the applicant requests to dispose of present

application with a liberty to approach the court of learned

Additional Sessions Judge, Junagadh to recall the prosecutrix ie.

wife of the present applicant and he does not press the remaining

prayers as sought for by the applicant in the petition.

Considering the request made by learned advocate for the

applicant, permission to recall the prosecutrix may be granted to

the applicant and learned Sessions Court may permit the applicant

to recall the prosecutrix.

With aforesaid directions and observations, present applicant

stands disposed of.

Registry is directed to forward a copy of this order to the

concerned court through Email and/or Fax forthwith.

(B.N. KARIA, J) K. S. DARJI