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1994 Supreme(Guj) 374

K.J.VAIDYA
MR. R. S. SHAH, COMPETENT AUTHORITY GUJARAT SLUMS CLEARANCE BOARD – Appellant
Versus
VINOD H. BRHAMBHATT – Respondent


Advocates Appeared: D.A.Bhambhania, K.J.SETHNA, N.M.Shah

K. J. VAIDYA, J.

( 1 ) ). (i) Whether once the accused having already approached the High Court by filing a Misc. Criminal Application under Section 482 of the Criminal Procedure Code 1973 praying for quashing the process issued against him and the same having been disposed off as withdrawn is he still entitled to have a second inning to invoke the very same inherent power under the Code to quash the proceedings arising out of the very same complaint ? If yes when ? (ii) Whether an unconditional withdrawal of earlier Misc. Criminal Application amounts to dismissal of the same disentitling the petitioner to approach High Court second time under Section 482 of the Code ? (iii) Whether despite the fact that as far as the allegations in the complaint are concerned they though prima facie technically speeking do satisfy all the ingredients to constitute the alleged offence under the Indian Penal Code bind yet whether this Court in view of certain glaring facts and circumstances of the case emerging from the complaint itself of which even a judicial notice can be taken (going to show that having regard to the ordinary natural course of human conduct and transaction the allegation made in
















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