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Jagdish @ Jago Hirabhai Mer vs State Of Gujarat &

High Court Of Gujarat|30 September, 2013
It is informed that despite service, the respondent i.e. complainant has yet not entered appearance.
Having regard to the nature of the complaint and in light of the relevant facts including subsequent developments, it appears that presence of complainant is necessary for effective adjudication of present petition.
Therefore, office is directed to issue fresh process of Rule to the respondent i.e. complainant with specific instruction that if he desires to attend the hearing of present petition and if he wants to oppose the petition he may remain present either personally or through advocate at the next date of hearing and that if he does not attend the hearing, the Court would be compelled to proceed with the hearing of the petition and decide the matter in his absence.
The process of Rule to be made returnable on 12.11.2013.
In the meanwhile it will be open to the applicant to inform the investigation officer about pendency of present petition.
(K.M.THAKER, J.) Suresh* 2
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