1. RULE.
Ms. C.M. Shah, Learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent No.1 and Mr. Dhaval Vyas, learned Advocate waives service for respondent No.2.
2. By this application, the applicant seeks fixation of early date of hearing of Criminal Miscellaneous Application No.5673 of 2008 or alternatively, seeks clarification of order dated 05.05.2008 passed therein.
3. This Court while issuing notice had stayed further proceedings of Criminal Case No.799 of 2005, pending before the learned Metropolitan Magistrate, Court No.20, Ahmedabad. Subsequently, vide order dated 21st August, 2008, Rule came to be issued on the application and the interim relief was ordered to be continued, till further orders.
4. Mr.
Dharmesh V. Shah, learned Advocate for the applicant submits that since it was Respondent No.2, who had approached this Court seeking quashing of the proceedings of Criminal Case No.799 of 2005, the interim relief granted be restricted only qua respondent No.2 and this application be allowed clarifying the same, accordingly.
5. Mr.
Dhaval Vyas, learned Advocate appearing for Respondent No.2, has no objection if clarification as prayed for is granted.
6. A perusal of the Charge-Sheet, dated 3rd August, 2004, in relation to the First Information Report registered with Satellite Police Station vide I-C.R. No. 655/2004 shows that there are several accused persons other than Respondent No.2. Under the circumstances, since, it is only Respondent No.2, who had approached this Court, seeking quashing of the proceedings of Criminal Case No.799 of 2005, this Court is of the view that the request made by the applicant is reasonable. Under the circumstances, the application deserves to be granted.
7. For the foregoing reasons, this application is ALLOWED. It is clarified that the interim relief granted vide order dated 05.05.2008, as confirmed by the order dated 21st August, 2008, whereby the further proceedings of Criminal Case No.799 of 2005, pending in the Court of the Learned Metropolitan Magistrate, Court No. 20, Ahmedabad, have been stayed, shall operate only qua Respondent No.2, herein, i.e. BHARATKUMAR SHANTILAL SHETH. Rule is made absolute, accordingly, to the aforesaid extent.
(HARSHA DEVANI, J.) Umesh/ Top