Heard learned advocate Mr. Baria for the applicants and learned APP Mr. Nanavati for the opponent No.1 - State Authority.
2. Learned advocate Mr. Baria requests for time on the ground that he is not in touch with his client for a long time. On the other hand, learned APP Mr. Nanavati states that because of the stay, there has been no development in the investigation qua the applicants. He suggests that if the investigation is permitted to proceed further, the genuineness of the affidavit sworn by victim can be known.
3. There appears substance in the submission made by learned APP. Learned advocate Mr. Baria also states that let the interim relief be vacated granting protection to the applicant till next returnable date. He states that no request for extension of the protection will be made.
4. In view of this, the stand taken by learned advocate Mr. Baria is quite clear. So also, learned APP states that if investigation is permitted to proceed further in a manner so as not to precipitate the issue further, the matter can be kept alive while vacating the interim relief and directing the investigating agency not to arrest the applicant till recording the statement of the victim viz., Shantaben, wife of complainant. After recording the statement of the prosecutrix, the same will be placed before this Court. Hence, S.O. to 17.02.2012.
[A.L.
Dave, J.] #MH Dave Top