2004 Supreme(Guj) 512
A.M.KAPADIA
Yashwant Venilal Sanghvi – Appellant
Versus
Sahdevsinh Dilubha Zala – Respondent
Advocates:
Appearance :
1. Special Criminal Application No. 666 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Y.N. Oza Sr. Advocate with Mr. R.C. Jani, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. Kamal Trivedi, Addl. Advocate General for State of Gujarat.
2. Special Criminal Application No. 667 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. K.S. Nanavati Sr. Advocate with Mr. R.C. Jani, for Respondent No. 1.
Mr. P.M. Thakkar with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor for State.
3. Special Criminal Application No. 668 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Rule Not Received Back, for Respondent No. 1.
Mr. P.M. Thakkar, Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor for State.
4. Special Criminal Application No. 669 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
5. Special Criminal Application No. 673 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor for State.
6. Special Criminal Application No. 675 of 2004 :
Mr. S.B. Vakil Sr. Advocate with Ms. Archana Acharya, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
7. Special Criminal Application No. 676 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Rule Not Recd. Back, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
8. Special Criminal Application No. 677 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
9. Special Criminal Application No. 678 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
10. Special Criminal Application No. 679 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
11. Special Criminal Application No. 680 of 2004 :
Mr. K.J. Shethna, for Petitioners.
Mr. Yatin Soni, for Respondent No. 1.
Mr. P.M. Thakkar Sr. Advocate with Mr. H.R. Prajapati, for Respondent No. 2.
Mr. A.D. Oza, Public Prosecutor, for State.
Judgment
A.M. Kapadia, J.—In this batch of 11 petitions filed under Article 226 of the Constitution, petitioners against whom First Information Reports have been registered at various police stations of different Districts of State of Gujarat, details of which are shown below in this judgment, for alleged commission of offences mainly under Sections 295-A, 505, 120-B and 114 of IPC, seek to challenge the registration of the said FIRs and have prayed to quash and set aside the said FIRs as also the investigation pursuant thereto, by issuing appropriate writ, order or direction to respondent No. 3, State of Gujarat and its subordinate officers.
2. Common questions of law and facts are involved in this batch of petitions and FIRs which are sought to be quashed are filed for alleged commission of similar offences in all the FIRs by disciples of Swadhyaya Group headed by late Shri Pandurang Shastri Athavle. Further, the petitioners are almost common in all the petitions and, therefore, with the consent of the learned Advocates appearing for the parties, all the petitions are heard together and decided by this common judgment.
3. In this batch of petitions, 11 FIRs are filed by the complain
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