K.S.RADHAKRISHNAN, DIPAK MISRA
MANUBHAI RATILAL PATEL TR. USHABEN – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT
Dipak Misra, J.-Leave granted.
2. The appellant was an accused in FIR No. I-CR No. 56/12 registered at Pethapur Police Station on 20th of June, 2012 for offences punishable under Sections 467, 468, 471, 409 and 114 of the Indian Penal Code (for short ‘the IPC’). Challenging the registration of the FIR and the investigation, the accused-appellant (hereinafter referred to as “the accused”) preferred Criminal Miscellaneous Application No. 10303 of 2012 on 11.7.2012 under Section 482 of the Code of Criminal Procedure (for brevity “the Code”) in the High Court of Gujarat at Ahmedabad for quashing of the FIR. A prayer was also made for stay of further proceedings in respect of the investigation of I-CR No. 56/12.
3. The unfurling of factual scenario further shows that the matter was taken up on 17.7.2012 and the High Court issued notice and fixed the returnable date on 7.8.2012 and allowed the interim relief in terms of prayer No. (C) which pertained to stay of further proceedings in respect of the investigation.
4. The exposition of facts reveals that the accused was arrested on 16.7.2012 and produced before the learned Judicial Magistrate First Class, Gandhinagar at 4.00 p.m.
2,. Ranjit Singh v. The State of Pepsu (now Punjab) [AIR 1959 SC 843]
Kanu Sanyal v. District Magistrate, Darjeeling and others [AIR 1973 SC 2684
Ummu Sabeena v. State of Kerala and others [(2011) 10 SCC 781]
Col. Dr. B. Ramachandra Rao v. The State of Orissa and others [AIR 1971 SC 2197]
Re. Madhu Limaye and others [AIR 1969 SC 1014]
Ram Narayan Singh v. State of Delhi [AIR 1953 SC 277]
Kanu Sanyal v. Dist. Magistrate, Darjeeling and others [AIR 1974 SC 510]
Naranjan Singh v. State of Punjab [AIR 1952 SC 106]
Talib Hussain v. State of Jammu and Kashmir [AIR 1971 SC 62]
A.K. Gopalan v. Government of India; [(1966) 2 SCR 427 = (AIR 1966 SC 816)]
, Naranjan Singh v. State of Punjab
Ram Narain Singh v. State of Delhi, [(1953 SCR 652) = (AIR 1953 SC 277)]
B.R. Rao v. State of Orissa (AIR 1971 SC 2197) Referred. (Para 20)
Talib Husain v. State of Jammu & Kashmir (AIR 1971 SC 62) Referred. (Para 20)
Sanjay Dutt v. State through C.B.I., Bombay (II) [(1994) 5 SCC 410]
H.N. Rishbud and another v. State of Delhi [AIR 1955 SC 196]
Adri Dharan Das v. State of West Bengal [AIR 2005 SC 1057
Niranjan Singh v. State of Uttar Pradesh [AIR 1957 SC 142]
S.N. Sharma v. Bipen Kumar Tiwari [(1970) 1 SCC 653
State of Bihar v. J.A.C. Saldanha and others [(1980) 1 SCC 554]
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