Gujarat High Court
Upendrabhai Tikamlal Kapadia vs State Of Gujarat on 13 January, 2021
Bench: B.N. Karia
R/CR.MA/932/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 932 of 2021
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UPENDRABHAI TIKAMLAL KAPADIA
Versus
STATE OF GUJARAT
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Appearance:
MR JIGAR P RAVAL(2008) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 13/01/2021
ORAL ORDER
Mr. Ekant Ahuja, and Mr. Kshitij Amin, learned
advocates state that they have received instructions to appear
for and on behalf of the respondent No. 2 and sought
permission to appear on behalf of the respondent No.2.
Permission; as sought for; stands granted. They shall file their
Vakalatnama and affidavit-in-reply before the Registry
Registry shall accept the same.
By way of this application, the applicant has prayed to
quash and set aside the impugned complaint being FIR No.
11204046202046 of 2020 registered with Nadiad Town Police
Station, Dist. Nadiad.
Heard learned advocate for the applicant.
Learned advocate for the applicant submits that present
complainant already filed Special Civil Suit No. 37 of 2018
before the Civil Judge, Halol. That, along with the above Civil
R/CR.MA/932/2021 ORDER
suit, complainant also filed an application below Exh. 5 for
interim injunction. That, learned trial Court by order dated
1.7.2019, rejected the interim relief application of the
complainant. That, present complainant preferred Appeal from
Order No. 218 of 2019 before this Court with an application for
condonation of delay and but even appeal from order of the
present complainant was rejected vide order dated 10.12.2019.
Thereafter, complainant preferred Misc. Civil Application No. 1
of 2020 in Appeal from Order No. 218 of 2019 for review of
order dated 10.12.2019. This Court, after hearing the parties at
length by the judgment and order dated 3.11.2020, rejected
such review application. That, it is very clear that the present
complainant is not succeeded in getting any interim relief in
the civil litigation upto this Court and even his review
application was also rejected by this Court vide order dated
3.11.2020. That, thereafter with a malafide intention, the
present complainant filed present complaint on 31.12.2020 on
the same ground which was there in the suit.
Issue requires consideration.
Notice returnable on 10th March, 2021. Mr. Manan
Mehta, learned APP waives service of notice for and on behalf
of the respondent Nos. 1 and 3. Mr. Ekant Ahuja & Mr. Kshitij
Amin, learned advocates waives service of notice for and on
behalf of the respondent No.2.
R/CR.MA/932/2021 ORDER
Interim relief as sought for in para 8(C) of this
application stands granted till the next date of hearing.
Direct service is permitted.
(B.N. KARIA, J)
BEENA SHAH
