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2012 Supreme(SC) 799

P.SATHASIVAM, RANJAN GOGOI
SHANTIBHAI J. VAGHELA – Appellant
Versus
STATE OF GUJARAT – Respondent


JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. The present appeals seek to challenge a judgment dated 10.01.2011 passed by the High Court of Gujarat at Ahmedabad allowing Criminal Miscellaneous Application No. 13519 of 2009 filed by the accused (respondents herein) seeking quashing of the criminal case registered against them under Section 304 of the Indian Penal Code. By its aforesaid order the High Court has also dismissed Special Criminal Application No. 770 of 2009 filed by the appellants, Shantibhai J. Vaghela and Prafulbhai J. Vaghela, seeking investigation of the aforesaid case against the accused by the Central Bureau of Investigation. The High Court has, however, directed that the proceedings against the accused –respondents so far as the offence under Section 304A of the IPC and Section 23 of the Juvenile Justice (Care and Protection) Act, 2000 may continue.

3. The core facts in which the aggrieved parties had moved the High Court may now be noticed: The appellants – Shantibhai J. Vaghela and Prafulbhai J. Vaghela, who are related to each other, are the fathers of one Dipesh (born 1998) and Abhishek (born 1999). The aforesaid two children were admitted in Class VI and V resp




































































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