Rajeshbhai Jagjivandas <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="33635a47415c575273">[email&#xA0;protected]</a> ... vs State Of Gujarat &amp;

1. In view of the contentions raised referring to the FIR as well as regarding the instigation or abetment and also the facts narrated and also with regard to the offence under Section 306 of I.P.C stating that he had not attended duty since 2 months and therefore there was no direct or proximate inducement or threat for the offence, the matter requires consideration.

2. The reference is also made to the judgment of the Hon'ble Apex Court reported in (2010) 1 SCC 750.

3. Hence, Notice to the Respondents returnable on 7th December, 2012. Learned APP Ms. Archana Raval waives service of Notice for Respondent No.1-State of Gujarat.

4. Ad-interim relief in terms of paragraph 15(B) is granted till then.

(Rajesh H. Shukla,J) Jayanti*