NAYAN AMBALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AMENDMENT is granted. Rule. Ms. Chetna M. Shah, learned APP waives service of notice of rule on behalf of respondent No. 1-State and Mr. B. C. Dave, learned advocate wavies service of notice of rule on behalf of respondent No. 2.

(2.) PETITIONER No. 1 is the husband of respondent No. 2. Petitioner question the legality of an order dated 4. 7. 2009 passed by learned 4th Additional Senior Civil Judge and JMFC, Gandhinagar, as confirmed by learned Additional Sessions Judge and Fast Track Court Judge, Gandhinagar in Criminal Revision Application which order passed on 17. 9. 2009.

(3.) RESPONDENT No. 2 had filed application Exh. 16 in Criminal Misc. Application No. 129 of 2009 seeking recovery of 'stridhan' allegedly lying with the petitioner-husband. Along with the said application, she has produced list Exh. B. On that list the advocate of the petitioners has put an endorsement that "received copy. Since the case was adjourned, respondents have already left. I, therefore, do not have instruction on the items mentioned in the list. I, therefore, object. "