LAWS(GJH)-2022-10-296

MANJUBEN Vs. STATE OF GUJARAT

Decided On October 10, 2022
Manjuben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Harnish Darji for learned Advocate Mr. Raxit J. Dholakia on behalf of the applicants, learned Additional Public Prosecutor Mr. L. B. Dabhi on behalf of the respondent-State and learned Senior Advocate Mr.N. D. Nanavati with learned Advocate Mr. Vimal Purohit on behalf of the first informant.

(2.) This application had been heard by this Court on the 7/10/2022 and whereas, on the said date learned Senior Advocate appearing on behalf of the applicants had sought permission to withdraw the present application and whereas, such permission had been granted by this Court. Later on before the order had been signed by this Court, since it appeared to this Court that there would be an element of misrepresentation and/or suppression of material fact and since the same requires to be adequately dealt with, this Court had directed listing of this matter today and whereas, all the learned Advocates for the respective parties had been intimated by this Court in advance about the matter being listed on board today and whereas, all the learned Advocates concerned are present before this Court.

(3.) Learned Senior Advocate Mr. Shalin Mehta with learned Advocate Mr. Harnish Darji would submit that it is on account of sheer inadvertence that order of the Hon'ble Apex Court dtd. 16/8/2022 whereby the application of accused no. 1 had been rejected by the Hon'ble Apex Court had not been brought to the notice of this Court. As a matter of fact, learned Advocate Mr. Darji has tendered written apology to this Court inter alia informing that this was a mistake on part of the learned Advocate and whereas the aspect of the order of the Hon'ble Apex Court had not been brought to the notice even of the learned Senior Advocate representing the applicants. Be that as it may, considering the fact that a serious error has been committed, while permitting withdrawal, this Court imposes cost of Rs.1,00,000.00( One Lakh Only) upon the applicants to be deposited with the Gujarat High Court Legal Services Committee.