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2023 Supreme(Bom) 1026

AMIT BORKAR
Vimalbhai Bhanabhai Patel – Appellant
Versus
Union Territory Of Dadra Nagar Haveli – Respondent


Advocates appeared:
Madhusudan D. Parekh, Advocate, M.K. Kochare, Advocate, Pawan P. Mali, Advocate, Zishan Quazi, Advocate, Manuj Borkar, Advocate, Ashish C. Chavan, Advocate, Harsh Paresh Dedhia, Advocate, Kamar Ali Shaikh, Advocate, H.S. Venegavkar, Advocate, A.D. Kamkhedkar, Advocate

JUDGMENT

Amit Borkar, J. - Since the facts and the points involved are common, all the petitions are being disposed of by this common judgment.

2. All the petitions arise out of rejection of discharge application under section 227 of the Criminal Procedure Code, 1973 (hereafter 'CrPC', for short). The applicant in Revision Application No.331 of 2018 is accused no.2; petitioners in Criminal Writ petition No.2309 of 2018 are accused nos.1 and 3; applicant in Revision Application No.297 of 2018 is accused no.6; and the applicant in Revision Application No.342 of 2018 is accused no.4.

3. First Information Report (hereafter 'FIR', for short) came to be registered against accused persons mentioned above in relation to unfortunate incident took place on 28 April 2006 on the basis of information lodged by one Mr. Prakash Solanki, Fireman attached to Fire Brigade Department at Dadra and Nagar Haveli stating that fire brigade building near village Amli was under construction since two (2) months prior to the date of the report. The work of construction of the said building was assigned to accused no.1 and his brother accused no.2 who used to supervise the said construction work along with the o

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