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2006 Supreme(Guj) 260

BANKIM N.MEHTA
AJENDRAPRASAD NARENDRAPRASAD PANDEY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.Y.KOGJE, HARIN P.RAVAL, I.H.SYED, N.D.NANAVATI, Y.N.OZA

BANKIM N. MEHTA, J.

( 1 ) THE petitioner by way of filing this petition under Article 226/227 of the constitution of India has prayed to issue appropriate writ, order or direction to quash and set aside the arrest warrant issued against the petitioner under Section 70 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "cr. P. C. ") by the learned Judicial Magistrate, First Class, nadiad, in the offence registered as I CR no. 4/2005 at Chaklasi Police Station, Dist. Kheda.

( 2 ) THE facts disclosed from the record of the case are as under : on 8-1-2005 a complaint was lodged by Swami Dharmapriydasji of Vadtal swaminarayan Temple before Chaklasi police Station against five persons for alleged commission of the offences punishable u/s. 153a, 153b, 294, 295a, 120b of the I. P. Code and u/s. 5a, 5b and 9 of the Immoral Traffic (Prevention) Act, 1956 alleging that "sadhus" of Swaminarayan temple and Gurukul by their illicit sexual acts have defamed the whole religion and exploited women by videographing sexual acts. On the basis of this complaint offence was registered as I CR No. 4/2005 by chaklasi Police Station against the persons named therein. Another complaint was





































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