Heard learned Counsel Shri Kunal Vaishnav for the petitioner. He submitted that in a similar matter i.e. Special Criminal Application No.2566 of 2012, notice has been issued and interim relief has been granted for which copy is produced.
Therefore, in view of the judgment of the Hon'ble Apex Court reported in (2010) 3 SCC 330 and the contentions raised in the present petition and also referring to the order passed in Special Criminal Application No.2566 of 2012 dated 03.09.2012, the following order is passed:
Notice to the respondents, returnable on 6th November, 2012.
SCR.A/2616/2012 2/2 ORDER Learned APP Ms.Archana Raval, waives service of notice for Respondent-State of Gujarat.
Ad-interim relief in terms of Para No.18(C) till then.
Direct Service is permitted.
(RAJESH H. SHUKLA, J.) mehul