Heard Mr.J.V.Mehta, learned Advocate for the petitioners.
It is pointed out that on the same facts, the respondent No.3- complainant had lodged a complaint before the learned Judicial Magistrate First Class, Morbi being Criminal Case No.1937 of 2003. It is submitted that suppressing the said facts, the respondent No.3 has again filed a complaint being Criminal Inquiry No.63 of 2008 wherein the learned Judicial Magistrate First Class, Morbi had directed investigation under section 156(3) of the Code of Criminal Procedure, 1973, ('the Code'). It is submitted that on the same facts, a second complaint ought not to have been entertained.
Considering the submissions advanced by the learned Advocate for the petitioners and looking to the material on record, issue NOTICE returnable on 11th August, 2008. By way of ad-interim relief, further proceedings of Criminal Inquiry No.63 of 2008 pending before the learned Additional Chief Judicial Magistrate First Class, Morbi as well as Morbi City Police Station M.Case No.14 of 2008 are hereby stayed.
Mr.K.P.Raval, learned Additional Public Prosecutor waives service of Notice on behalf of respondent No.1-State of Gujarat.
(HARSHA DEVANI, J.) Amit/-
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