Bhiyabha Abhabha Sumaniya vs Draft Amendment Is Taken

BHIYABHA ABHABHA SUMANIYA....Applicant Versus STATE OF GUJARAT & 5....Opponents ====================================== Appearance:

MR D A CHAUDHARI, ADVOCATE for the Applicant ====================================== CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE MR.JUSTICE B.N. KARIA Date : 03/05/2016 ORAL ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Draft amendment is taken on record. The same is allowed. Notice under the Contempt of Courts Act returnable on 14 th June 2016. Learned advocate for the applicant, has invited Court's attention to the statement made before the concerned Judicial Magistrate First Class, on page nos.65 and 66 and the charge­sheet on page no.60 indicating that the offence alleged is under I.P.C. Sections 504 and 507 and heavy reliance is placed upon the Medical Certificate as well as, the decisions of the Supreme Court in cases of (1) Arnesh Kumar V/s. State of Biharand another reported in (2014) 8 Supreme Court Cases 273 and (2) D.K. Basu V/s. State of West Bengal, reported in (1997) 1 Supreme Court Cases 416. We are, therefore, constrained to observe that let there be a separate affidavit by all the respondents to be presented before the Court on the returnable date. In case if there is failure in placing on record the affidavit indicating the action taken and the inaction if any would be Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed May 04 04:50:43 IST 2016 C/MCA/1411/2016 ORDER viewed very seriously and in that eventuality the officer, who has not filed affidavit, shall remain personally present before the Court and answer the allegations made in this petition. Direct service permitted.

(S.R.BRAHMBHATT, J.) (B.N. KARIA, J.) Rathod...

HC-NIC Page 2 of 2 Created On Wed May 04 04:50:43 IST 2016