SCR.A/2470/2012 1/2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 2470 of 2012 ======================================================= KARSHANBHAI RANCHHODBHAI PALEJIYA Applicant(s) Versus STATE OF GUJARAT & 2 Respondent(s) ======================================================= Appearance :
MR PS PATEL for Applicant(s) : 1, MS AC RAVAL APP for Respondent(s) : 1, None for Respondent(s) : 2 3.
======================================================= CORAM : HONOURABLE MR.JUSTICE RAJESH H.SHUKLA Date : 29/08/2012 ORAL ORDER Heard learned counsel, Mr.Percy Kavina appearing with learned counsel, Mr.P.S. Patel for the applicant.
Referring to the papers, learned counsel, Mr.Percy Kavina submitted that whether such liability could be fastened in view of the fact that the petitioner and the respondent no.2 are having their spouses living and they had relations. However, he has submitted that the impugned order passed in Criminal Misc. Application No.348/2008 dated 27.06.2012 by the Additional Sessions Judge, Vadodara may be stayed on a condition that the petitioner shall deposit an amount of maintenance as per the order @ 15,000/ per month with effect from July, 2012 within one week and shall continue to SCR.A/2470/2012 2/2 ORDER deposit an amount of maintenance per month in the first week of each calender month till further orders.
In view of the above statement made by learned counsel for the petitioner and considering the contentions raised and submissions made, following order is passed : th Notice to the respondents returnable on 28 September, 2012. Learned APP Ms.A.C. Raval waives service of notice for respondent no.1State of Gujarat.
The respondent nos.2 and 3 are permitted to be served by direct service over and above the normal mode of service.
Adinterim relief in terms of Para No.9(C). It goes without saying that the aforesaid statement is made without prejudice and further orders that may be passed.
(RAJESH H.SHUKLA, J.) /patil