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2003 Supreme(Guj) 637

R.P.DHOLAKIA
NADIRKHAN BABAKHAN NAVABKHAN PATHAN – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.R.BHATT, HANSA PUNANI

R. P. DHOLAKIA, J.

( 1 ) RULE. Learned A. P. P. , Mrs. Hansa Punani, waives service of rule on behalf of the respondent-State in both the petitions. With the consent of learned counsel appearing for the respective parties, both these petitions are taken up for final hearing.

( 2 ) BOTH these petitions have been filed under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside the First Information Reports being C. R. No. II-3187 of 2002 lodged with the Danilimda Police Station and C. R. No. I-530 of 2002 lodged with Naroda Police Station and for deleting the name of the petitioner from the respective charge-sheets showing him as an absconding accused mainly on the ground that the only evidence available with the investigating agency is the statement of co-accused and also on the ground that the present petitioner is a social worker who has organized relief camp under the banner of Hajarat Shah-e-Alam Relief Camp at Ahmedabad and who has made grievance against the administration before various authorities and, therefore, mala fidely he has been involved in the offences in question.

( 3 ) AN affidavit-in-reply has been filed by the Investigating Officer, Mr. K. R.



















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