This application is filed under Section 438 of the Code of Criminal Procedure in connection with first information report registered at CR No.I-287 of 2012 with Sardarnagar Police Station for the offences punishable under Sections 398A, 504 and 114 of the Indian Penal Code.
Initially, by an order dated 29.10.2012 passed by this Court [Coram; Ms. Sonia Gokani, J.], Rule was issued making it returnable on 5.11.2012 and, thereafter, on 5.11.2012, the matter was adjourned to 26.11.2012.
In the meanwhile, during Diwali vacation, permission seeking urgent circulation of Criminal Misc. Application Nos.16280 of 2012 and 16279 of 2012 was sought for and permitted on the ground of insertion of Section 306 of the Indian Penal Code.
On perusal of the record of the above two cases, it appears that neither order of the trial court is produced, nor correct facts about pendency of Criminal Misc. Application No.15231 of 2012 are disclosed in paragraphs 26 and 27 of each of the applications. However, a mention is made about pendency of Criminal Misc. Application No.15231 of 2012 in paragraph 1.
It is to be noted that, in prayer clauses of Criminal Misc. Application Nos.16280 of 2012 and 16279 of 2012, a specific prayer is made about grant of anticipatory bail qua Section 306 of the Indian Penal Code only and the order is passed accordingly. However, in Criminal Misc. Application No.15231 of 2012, prayer for anticipatory bail is made qua Sections 398A, 504 and 114 of the Indian Penal Code.
S.O.
To 3.12.2012.
(ANANT S. DAVE, J.) (swamy) Page 2 of 2