D.P.BUCH
B. M. GUPTA – Appellant
Versus
ASHOK CHANDULAL BHATT – Respondent
( 1 ) 0rule. Mr. S. J. Dave, Ld. APP waives service of Rule. By consent of learned advocates for the parties, this application is being heard and disposed of finally.
( 2 ) THIS is an application under Section 482 of the Criminal Procedure Code, 1973 (for short "code") for quashing and setting aside the order passed on 7. 11. 2000 by the learned Additional City Sessions Judge, Court No. 13 at Ahmedabad in connection with Sessions Case No. 178/1986 and also for a relief for cancelling the said order in toto.
( 3 ) IT appears from the record that the aforesaid case No. 178/86 is pending before the City Sessions Court at Ahmedabad against respondent nos. 1 to 9 hereinabove. It relates to the offences punishable under Sections 302, 307, 326, 333, 148, 149, 152, 153, 506, 186, 188, read with Section 120-B and 34 of IPC and also under Section 135 (1) of the Bombay Police Act.
( 4 ) THE petitioner has contended that the aforesaid case is pending before the aforesaid Court on the allegation that one police Head Constable on duty was murdered and one Home Guard on duty was attacked with Dhariya with an intention to kill him but the said person was saved and therefore, the afor
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