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2018 Supreme(SC) 1893

A.K.SIKRI, ASHOK BHUSHAN, S.ABDUL NAZEER
Nitinchandra Somnath Raval – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
Nitinchandra Somnath Raval and in-person, for the Appellant; Hemantika Wahi, AOR, Ms. Jesal Wahi, Ms. Uja Singh and Ms. Vishakha, Advocates, Ms. Manisha T. Karia, AOR, Mr. Shashank Mangal, Ms. Saumya, Ms. Sukhda Kalra and Mr. Prajwal, Advocates, Mr. Maninder Singh, Sr. Advocate, Mr. Manesh Aggarwal, Ms. Aastha Mehta, Mr. Prabhas Bajaj, Ms. Kanika Saian, Advocates, Mr. E. C. Agrawala, AOR, for the Respondent

ORDER

1. Leave granted.

2. This appeal is filed by the appellant against the order dated 10.02.2017, as modified vide order dated 22.02.2017, whereby application of the appellant under Article 227 of the Constitution of India challenging the legality and validity of order dated 15.02.2016 passed by the Chief Judicial Metropolitan Magistrate, Ahemdabad (Rural), Mirzapur has been dismissed. The Chief Judicial Metropolitan Magistrate (hereinafter referred to as "the Trial Court") which is seized of the case in CC No. 853 of 2001 had accepted the application of respondent no. 2 herein for dropping the charge under Section 304 of the Indian Penal Code, 1860 (IPC). This application was filed at the time of framing of the charge when respondent no. 2 filed the application of the aforesaid nature contending that no charge under Section 304 IPC was made out. The Trial Court accepted the said plea and dropped the charge under Section 304 IPC. The High Court has, as noted above, upheld the aforesaid order vide impugned judgment dated 10.02.2017. In the order dated 22.02.2017 a typographical error, which has crept in the earlier order dated 10.02.2017, has been corrected by recording that the

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