Ketulbhai Parshottambhai Patel vs State Of Gujarat
2023 Latest Caselaw 3465 Guj

     R/CR.MA/6538/2023                           ORDER DATED: 27/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 6538 of 2023

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                     KETULBHAI PARSHOTTAMBHAI PATEL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS CHETNA SHAH APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 27/04/2023

                              ORAL ORDER

1. By way of this application, the applicant has prayed for following reliefs:

"a. The hon'ble court may be pleased to modify the condition (g) imposed vide order passed in Cr.M.A. 79 of 2017 by the Sessions Court and grant the temporary permission to go on tour outside India with family;

b. The hon'ble court may be pleased to modify/ delete the condition (h) imposed vide order passed in Cr.M.A. 79 of 2017 by the Sessions Court to release the passport; c. Any other order as the Hon'ble Court deem fit."

R/CR.MA/6538/2023 ORDER DATED: 27/04/2023

2. Heard learned advocate Mr.Yash Dave for the applicant and learned Additional Public Prosecutor Ms.Shah for the respondent - State.

3. Learned advocate Mr.Dave points out the oral judgment of the coordinate Bench of this Court dated 21.09.2022 rendered in Criminal Miscellaneous Application No.1279 of 2017 with Criminal Miscellaneous Application No.1 (Direction) of 2017 and submits that vide the said judgment dated 21.09.2022 the Coordinate Bench has initially stayed all the proceedings of FIR being CR No.I-225 of 2016 dated 24.12.2016 registered with Vastrapur Police Station for a period of eight weeks. Mr.Dave further submits that even after period of eight weeks also though the original complainant approached the Hon'ble Supreme Court by way of filing Special Leave Petition being SLP (Cri.) No. 11896 - 11897 of 2022, the aforesaid oral judgment dated 21.09.2022 passed by the Coordinate Bench of this Court has not been stayed by the Hon'ble Supreme Court.

R/CR.MA/6538/2023 ORDER DATED: 27/04/2023

4. Considering the aforesaid aspect as today the oral judgment dated 21.09.2023 stands as it is, if the prayer made in the present application is granted the same would be in consonance with the order of Hon'ble Supreme Court as the said judgment dated 21.09.2022 of coordinate Bench of this Court has not been stayed and therefore passport of the applicant is required to be released. However, if the Hon'ble Supreme Court, in the pending proceedings, passes any order either of staying the oral judgment dated 21.09.2023 or quashes that oral judgment dated 21.09.2023, in that event, the present applicant shall be required to surrender his passport within a period of ten days thereafter.

5. In view of the fact that entire proceedings of impugned FIR are quashed and later on, on request of learned advocate they are stayed, it is needless to say that once the Hon'ble Supreme Court has not stayed the oral judgment dated 21.09.2022 passed by the Coordinate Bench of this Court whereby quashment of the proceedings of impugned FIR are are stayed only for a period of eight weeks, such proceedings of FIR or

R/CR.MA/6538/2023 ORDER DATED: 27/04/2023

FIR itself do not exist. Hence, the present application is required to be allowed and it is allowed accordingly with a condition stated in forgoing para.

6. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.