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1993 Supreme(Guj) 409

K.J.VAIDYA
STATE OF GUJARAT – Appellant
Versus
Dineshbhai Mehta – Respondent


Advocates Appeared: D.K.TRIVEDI

K. J. VAIDYA, J.

( 1 ) THIS group of four Criminal Revision Applications is directed against the impugned judgment and order, dated, 12-7-1988, rendered in four different Criminal cases, the same being Criminal Case Nos. 1158 to 1161 of 1985 respectively, by Mr. L. P chauhan, learned JMFC, Rajkot, wherein the respondent-Dineshbhai Mehta, Manager of "poly Drug Chem" Rajkot, who came to be tried for the alleged contravention of various rules under the Gujarat Factories Rules, 1963, was ordered to be prematurely acquitted on the short ground that when the cases were called out, not only the complainant was absent but right from the day the complaint came to be filed, till the date impugned order was passed, he had not taken any care even to serve the summons upon the respondent.

( 2 ) WHILE challenging the impugned order of acquittal, Mr. D. K Trivedi, the learned PP has carefully taken this Court through the Rojkam proceedings which clearly demonstrates that, but for the last date, that is to say 11-7-1988, when the respondent came to be prematurely acquitted, the complainant otherwise all throughout had remained present: Not only that but the said Rojkam proceedings further shows th






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