Gujarat High Court
Parth Ramanbhai Patel vs State Of Gujarat on 14 June, 2021
Bench: Gita Gopi
R/SCR.A/2867/2019 ORDER DATED: 14/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2867 of 2019
With
R/SPECIAL CRIMINAL APPLICATION NO. 2965 of 2019
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
1 of 2019
In
R/SPECIAL CRIMINAL APPLICATION NO. 2965 of 2019
==========================================================
PARTH RAMANBHAI PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR AM PAREKH(562) for the Applicant(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 12,13,14,2,3
MS MONALI BHATT APP for the Respondent(s) No. 1
VIRAL K SHAH(5210) for the Respondent(s) No. 10,11,4,5,6,7,8,9
==========================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 14/06/2021
ORAL ORDER
ORDER IN CR.M.A. NO.1 OF 2019 IN SCR.A.
NO.2965 OF 2019
1. Heard Mr. A.M. Parekh, learned advocate for the
applicant, Mr. Viral K.Shah, learned advocate for the
respondent nos.4 to 9, 10 and 11 and Ms. Monali Bhatt,
learned APP for the State.
2. Due compliance of the order dated 10.07.2019 has
been made by placing the copy of the judgment passed in
R/SCR.A/2867/2019 ORDER DATED: 14/06/2021
Special Criminal Application No.8790 of 2016.
3. The present application has been preferred for early
hearing of Special Criminal Application No.2965 of 2019,
which is already on board today. Therefore, the present
application does not survive and stands disposed of
accordingly.
ORDER IN SCR.A. NO.2965 OF 2019
1. Mr. A.M. Parekh, learned advocate for the petitioner
submits that in view of the order passed in Special
Criminal Application No.8790 of 2016, the F.I.R. qua the
respondent nos.2 and 3 has been quashed. Thus, the
relief prayed for in this petition would not survive and
therefore, Mr. Parekh, learned advocate does not press
this petition.
2. Mr. Viral K.Shah, learned advocate for the
respondent nos.2 and 3, referring to the affidavit-in-reply
of respondent nos.1 and 2 submitted that the application
itself was misuse of process of law. The petitioner has
suppressed the fact about the pendency of the Criminal
R/SCR.A/2867/2019 ORDER DATED: 14/06/2021
Revision Application No.17 of 2019 before the District
and Sessions Judge, Gandhinagar and thus, prayed for
imposing heavy cost.
3. Countering the same, Mr. Parekh, learned advocate
for the petitioner, took this Court to the copy of Criminal
Revision Application No.17 of 2019 to submit that the
present respondent nos.2 and 3, who has raised the
contention, are not the parties in Criminal Revision
Application No.17 of 2019 and thus no false affirmation
has been made by the petitioner.
4. Since the F.I.R. against the respondent nos.2 and 3
has been ordered to be quashed vide order dated
26.07.2019 in Special Criminal Application No.8790 of
2016, the relief prayed for in the present petition does
not survive. Thus, the petition stands disposed of as not
pressed.
ORDER IN SCR.A. NO.2867 OF 2019
1. In view of the order passed in Special Criminal
Application No.8790 of 2016 dated 26.07.2019, the F.I.R.
R/SCR.A/2867/2019 ORDER DATED: 14/06/2021
qua respondent nos.4 to 12 has been quashed. Thus, in
view of the said order, respondent nos.4 to 12 are
ordered to be deleted from the cause title of the petition
and let respondent nos.13 and 14 be addressed as
respondent nos.4 and 5. The amendment in form of
deleting respondent nos.4 to 12 be carried out by the
Registry forthwith. The respondent nos.13 and 14 be
shown as respondent nos.4 and 5 in the cause title of the
petition.
2. Let Special Criminal Application No.2867 of 2019 be
listed for hearing on 24.06.2021.
(GITA GOPI, J.)
Pankaj
