1. Heard Mr. R.C. Kakkad, learned advocate for the petitioners.
2. The learned advocate for the petitioners has drawn the attention of the Court to the contents of paragraph 3 of the complaint in question, to point out that no part of the cause of action has arisen within the jurisdiction of the Court of the learned Judicial Magistrate First Class at Rajkot. It is submitted that the entire cause of action has arisen at Panaji at Goa, hence, the learned Judicial Magistrate was not justified in taking cognizance of the offence.
3. Considering the submissions advanced by the learned advocate for the petitioners as well as looking to the nature of the allegations made in the complaint, issue Notice returnable on 29th July, 2008. By way of ad interim relief, further proceedings of Criminal Case No.233 of 2007 pending before the learned Judicial Magistrate First Class, Rajkot, are hereby stayed.
4. Mr.
K.P. Raval, learned Additional Public Prosecutor waives service of notice on behalf of respondent No.1 ? State of Gujarat.
(HARSHA DEVANI, J.) shekhar/-
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