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2009 Supreme(SC) 1527

ALTAMAS KABIR, CYRIAC JOSEPH
Babubhai Jamnadas Patel – Appellant
Versus
State of Gujarat – Respondent


Appearing Advocates:
For the Appellant :R.F. Nariman, Sr. Advocate, Huzefa Ahmadi, Ejaz Maqbool, Parthiv Shah, Pardhuman Gohil, Ms. Taruna Singh and Abhijit Sinha, Advocates, with him For the Respondents:Dushyant Dave, Bharat B. Naik and Siddharth Luthra, Sr. Advocates, Ms. Roma Fidelis, S. Udaya Kumar Sagar, Ms. Bina Madhavan, Tarun Satija (for M/s. Lawyer's Knit & Co.), Ms. Hemantika Wahi, Ms. Somnath Padhan and Ms. Mamta Tushir, Advocates.

Judgment :-

Altamas Kabir, J.


1. Leave granted.


2. These appeals are directed against the judgment and interim orders dated 5th December, 2008 and 23rd January, 2009, passed by the Gujarat High Court in Special Criminal Application No.1855 of 2008 and order dated 16th January, 2009, passed in Misc. Application No.15014 of 2008 in the said application. The order dated 5th December, 2008, merely records the fact that the learned Government Pleader and the Additional Public Prosecutor had placed on record a copy of the order dated 1.12.2008 passed by the office of the Police Commissioner intimating the Senior Police Inspector, Sabarmati Police Station, that investigation of Karanj Police Station, F.I.R. No.254 of 2008, under Sections 420, 465, 466, 467 and 120-B of the Indian Penal Code, 1860, had been handed over to the Assistant Commissioner of Police, "C" Division, Ahmedabad City. By the said order, the High Court also directed the Assistant Commissioner of Police, "C" Division, Ahmedabad City, to file a progress report of the investigation undertaken in the aforesaid F.I.R. dated 24th December, 2008. It was also indicated that in the event final report was ready, the same was not t




















































































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