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2001 Supreme(Guj) 173

S.K.KESHOTE
N. R. DESAI – Appellant
Versus
Y. N. PAREKH – Respondent


Advocates Appeared: MAYUR S.BAROT

S. K. KESHOTE, J.

( 1 ) IN all these three matters, not only the parties are common but identical order is passed by the learned Metropolitan Magistrate, Court No. 2, Ahmedabad and therein the facts and questions of law raised are common. In fact, three separate complaints have been filed by the Insurance Inspector, E. S. I. Corporation, Ahmedabad and that is how three separate petitions are there. In view of these facts, these matters are taken up for hearing together and are being decided by this common order. The facts of the case and the grounds of challenge to the order are being taken up from special criminal application No. 940/98.

( 2 ) BY way of this petition, under Article 226 of the Constitution of India read with sections 397 and 482 of Code of Criminal Procedure, 1973, the petitioner challenges the legality, validity and propriety of the order passed below Ex. 2 in Criminal Case No. 2611/95 by the learned Metropolitan Magistrate, Court No. 2, Ahmedabad dated 9-7-1998. Further prayer has been made by the petitioner for quashing and setting aside of the criminal complaint No. 2611/95 filed by the respondent No. 1, as what it is stated, it amounts to abuse of the process o












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