By this application, the applicant seeks fixation of an early date of hearing of Criminal Miscellaneous Application No.4160 of 2010.
Mr.
K. P. Raval, learned Additional Public Prosecutor submitted that the first information report in question has been lodged on 16.4.2010, whereas vide order dated 23.4.2010, the investigation had been stayed by this Court. Under the circumstances, the investigation into the offence alleged could not be further proceeded with. It was submitted that under the circumstances, the application deserves to be allowed either by fixing an early date of hearing of the application or by permitting the investigation to proceed further.
On the other hand, Mr. Samir Dave, learned advocate for the respondents No.1 and 2 - original applicants has invited attention to the nature of the allegations made in the first information report to submit that no case is made out for grant of the relief prayed for in the application.
Having regard to the nature of the allegations made in the first information report, this Court is of the view that there is no urgency in deciding the matter. Under the circumstances, the application fails and is, accordingly, rejected.
[HARSHA DEVANI, J.] parmar* Top