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Laxmansinh vs District

High Court Of Gujarat|28 March, 2012

JUDGMENT / ORDER

The petitioner has preferred present petition seeking below mentioned prayer:-
"10(B) Allow present petition by issuing a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order passed by the respondent No.2 (at Annexure "C"), and as confirmed by the respondent No.1 (Annexure "D") and the respondent No.3 (Annexure "E") in the interest of justice."
2. Present writ petition is premature at this stage since the conviction order against the petitioner is not yet set aside and the appeal against the conviction is pending and the petitioner is only enlarged on bail. Therefore, at this stage, the petition seeking relief that the order passed by the respondent No.2 may be set aside cannot be granted. The cause of action for such an order has yet not arisen inasmuch as, the order passed by the respondent No.2 is based on and has been passed on account of petitioner's conviction.
If at all, the petitioner has any cause of action or grievance, then, the petitioner can approach appropriate Forum with appropriate request, if and after the conviction is set aside.
3. With the aforesaid observations and clarifications, present petition stands disposed of.
(K.M.Thaker, J.) kdc Top
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Title

Laxmansinh vs District

Court

High Court Of Gujarat

JudgmentDate
28 March, 2012