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1994 Supreme(Guj) 223

SHARAD D.DAVE
STATE OF GUJARAT – Appellant
Versus
AHMED ADAM MUGAL – Respondent


Advocates Appeared: M.H.BAREJA, N.D.NANAVATI, P.M.THAKKAR, V.P.THAKKAR

S. D. DAVE, J.

( 1 ) THE State of Gujarat, approaches this Court with the present petition under Sec. 482 of the Code of Criminal Procedure, 1973, for the quashing of four criminal complaints instituted against the respondent No. 3 His Holiness dr. Syedna Mohmmad Burhanuddin Saheb, claiming to be acting Pro-Bono-Publico.

( 2 ) SECTION 482 of the Code runs thus :-". . . . . Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. ".

( 3 ) THE four private Criminal Complaints which came to be instituted against the respondent No. 3 are the sequal of what had happened at Bombay. What had happened at Bombay can best be known from the bench judgment of Bombay High court in State of Maharashtra v. Mohammed Yusuf Noormohammed and Ors. , 1990 mah. L. J. 813. With a deep sense of gratitude I prefer to borrow the narration of the facts from the said orders. ". . . . . The respondent No. 3 is a religious head of sub-sect of Islam known as "dawoodi Bohara" sect. The Dawoodi Boharas ar























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