PARESH RAMESHCHANDRA SHASTRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has prayed that the order dtd. 27/12/2021 passed by the concerned Family Court below Exh.85 passed in Criminal Misc. Application No.1273 of 2015 be quashed and set aside.

(2.) Heard Mr.Paresh Rameshchandra Shastri, the Party-in- person, learned APP Mr.L.B. Dabhi for the respondent State and learned advocate Mr.Harshil D. Shukla for respondent Nos.2 and 3.

(3.) The petitioner has mainly contended that present respondent Nos.2 and 3 have filed an application under Sec. 125 of the Code of Criminal Procedure, 1973 ('the Code' for short) before the concerned Family Court, Ahmedabad. It is submitted that during the course of hearing of the said application, the petitioner herein submitted an application Exh.77 and requested to the concerned Family Court that original applicant No.2 - respondent No.3 herein be directed to produce relevant documentary evidence with affidavit as per the decision rendered by the Hon'ble Supreme Court in Criminal Appeal No.730 of 2020. It is submitted that the aforesaid application filed by the present petitioner is still pending before the concerned Family Court and in the meantime, respondent No.2 herein i.e. original applicant No.1 filed an application Exh.85 wherein it is stated that the present petitioner - original opponent is intentionally not producing on record the relevant documents along with the affidavit as per the decision rendered by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha rendered in Criminal Appeal No.730 of 2020. Respondent No.2 herein therefore urged that the right of the present petitioner be closed.