During the course of hearing, learned advocate states that this court of Coram: Anant S. Dave J. had passed an order on 19th April 2012 in Criminal Misc. Application no. 3074 of 2012 (Bhurabhai Taljabhai Rabari Vs. State of Gujarat)by which the Court had stayed investigation and further proceedings of the First Information Report no. 614 of 2011, registered with Naroda Police station.
It is also being submitted that the complainant is being presented in quashing petition. Considering the fact that the cognate Bench is seized of the quashing petition, where such an order is passed in an application preferred under section 439 (2) of the Code of Criminal Procedure, seeking cancellation of anticipatory bail granted to the respondent/accused is not tobe considered at this stage.
Petition is being disposed of with a liberty to the complainant to move an application at appropriate time permissible under the law.
(Ms.
Sonia Gokani,J.) Deepak* Top