Manjulaben Ramniklal Thanki vs State Of Gujarat
2021 Latest Caselaw 1303 Guj

        R/CR.MA/907/2021                                 ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 907 of 2021

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                    MANJULABEN RAMNIKLAL THANKI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR AS VAKIL(962) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                           Date : 28/01/2021

                            ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the Criminal Case No. 115 of 2019 and the

order dated 16.03.2019 issuing summons to the applicant 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 the Criminal Case No. 115 of 2019 has been filed by the

respondent no.2 on 16.03.2019 before the court of learned

JMFC, Kalyanpur after the final judgment and order dated

25.01.2019 passed by this Court in Criminal Misc.

R/CR.MA/907/2021 ORDER

Application No. 6429 of 2015 and that Criminal Case was filed

for the alleged offence punishable under Sections 4(1), 4(1)(A)

read with Section 22 of the Mines and Minerals (Development

and Regulation) Act 1957("MMDR Act") That, the summons

issued by the learned JMFC, Kalyanpur is not served upon the

applicant for one year and ten month. That, the applicant came

to know about Criminal Case in the month of December 2020

when some correspondence was exchanged with the Collector

and Geologist in context of visit dated 27.10.2020 by the

applicant.

Issues requires consideration.

Notice returnable on 25th March 2021. Learned APP waives

service of notice for and on behalf of the respondent No.1-State.

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