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2019 Supreme(SC) 301

A.M.SAPRE, DINESH MAHESHWARI
Rafiq Ahmedbhai Paliwala – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant :Pradhuman Gohil, Mrs. Taruna Singh Gohil, Himanshu Chaubey, Ms. Tanvi Bhatnagar, Advocates
For the Respondent:Mrs. Hemantika Wahi, Ms. Jesal Wahi, Ms. Vishakha, C.B. Gururaj, K.P. Singh, Prakash Ranjan Nayak, Advocates

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 11.12.2017 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application (for quashing & Set aside FIR) No. 29936 of 2017 whereby the High Court allowed the said application filed by respondent Nos.2-17 herein.

3. This appeal involves a short point as would be clear from the facts stated infra.

4. By impugned order, the High Court, in exercise of its inherent powers under Section 482 of the Code of Criminal Procedure, 1973(hereinafter referred to as "the Code") allowed the petition filed by respondent Nos. 2 to 17 herein and quashed FIR being I-CR No. 67 of 2017 registered with the Gaekwad Haveli Police Station, Ahmadabad in part insofar it relates to the offences punishable under Sections 392, 395 and 397 of the Indian Penal Code, 1860(hereinafter referred to as "IPC") and upheld it insofar as it relates to the offences punishable under Sections 143, 147, 148 and 323 of IPC read with Section 135 (1) of the GP Act.

5. The complainant has felt aggrieved by the impugned order and has filed this appeal by way of special leave in this Court.

6. So, the short q












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