Rohit Kaniyalal Sharma vs State Of Gujarat
2021 Latest Caselaw 252 Guj

       R/CR.MA/13537/2020                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO. 13537 of 2020

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                            ROHIT KANIYALAL SHARMA
                                     Versus
                              STATE OF GUJARAT
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Appearance:
SWAPNESHWAR GOUTAM(9051) for the Applicant(s) No. 1,2,3
MR HARDIK A DAVE(3764) for the Respondent(s) No. 2
Ms. Monali Bhatt, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                               Date : 08/01/2021

                                 ORAL ORDER

By way of this application, the applicants have prayed for to quash and set aside the FIR being CR.No. 11214001200010 of 2020 registered with Mahila Police Station, Surat Rural, Dist. Surat for the offences under Section 498A, 504, 506(2) and 114 of the Indian Penal Code.

Heard learned advocate for the respective parties. Learned advocate for the applicants submits that respondent No.2 came to reside at Raipur Chhattisgarh which is her matrimonial home and a complaint was registered with Mahila Police Station, Surat Rural Dist. Surat. Learned advocate for the applicant has relied upon the judgment of Apex Court rendered in case of (1) Bhuraram Vs. State of Rajasthan reported in 2008 (11) SCC 103 (2) Y.Abraham Ajith & Ors. Vs. Inspector of Police, Chennai ant. reported

R/CR.MA/13537/2020 ORDER

in 2004 (8) SCC 100 (3) Manish Ratan Vs. State of Madhayapradesh reported 2007(1)SCC 262 and this Court was pleased to pass an order dated 21st December, 2020 by protecting the applicants Considering the peculiar facts and circumstances of the case, the averments made in the complaint, the invetigating agency shall not file the charge-sheet without prior permission of this Court.

Learned advocate for the respondent No.2 has requested to permit the respondent No.2 to file her affidavit-in-reply before the Registry of this Court.

Permission as sought for stands granted. Interim relief granted earlier to continue till then. S.O to 5.2.2021.

(B.N. KARIA, J) BEENA SHAH