1. Heard Mr. Premal Nanavati, learned senior advocate with Mr. B.S. Khatana, learned advocate for the petitioner and Mr. A.N. Shah, learned Additional Public Prosecutor for the respondent No.1. Mr. Nanavati has placed reliance upon a judgment and order dated 29th August, 2013/30th August, 2013 rendered by this court in the case of Balvantsinh Chandansinh Rajput vs. State of Gujarat in Criminal Miscellaneous Application No.14875/2012 to submit that in an identical case, the court has quashed the proceedings.
2. Having regard to the submissions advanced by the learned counsel for the petitioner, issue notice returnable on 8th October, 2013. By way of ad-interim relief, further proceedings pursuant to the first information report registered vide Gandhinagar Zone Police Station (CID Crime) I-C.R. No.10/2006 are hereby stayed.
3. Mr.
A.N. Shah, learned Additional Public Prosecutor waives service of notice on behalf of respondent No.1. Direct Service is permitted qua respondent No.2.
( Harsha Devani, J. ) hki Page 2 of 2