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2008 Supreme(Guj) 444

M.R.SHAH
Bagmar Finance Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Sanjay R. Gupta, for the Applicants No. 1 - 2.
Mr. M.R. Mengdey, Addl. Public Prosecutor for the Respondent No. 1.
D.S. Aff. Not Filed (N), for the Respondent No. 2.

Judgment

M.R. Shah, J.—Rule. Mr. M.R. Mengdey, learned APP waives service of Rule on behalf of the respondent - State. With the consent of the learned Advocates appearing on behalf of the respective parties, this application is taken up for final hearing today.

2. By way of this petition, under Section 482 of the Criminal Procedure Code (‘Cr.P.C.’ for short), the petitioners - original accused have prayed for an appropriate Writ, direction and/or order quashing and setting aside the Criminal Case No. 302 of 2008 pending in the Court of learned Metropolitan Magistrate Court No. 20, Ahmedabad against the petitioners for the offence under Sections 5, 18, 19, 25 read with Section 34 of the Bombay Moneylenders Act, 1946 (‘the Act’ for short).

3. A criminal complaint / criminal case being 302 of 2008 is filed by the Inspector of the Moneylenders, Ahmedabad in the Court of learned Metropolitan Magistrate, Ahmedabad against the petitioners - original accused for the offences under Sections 5, 18, 19, 25 read with Section 34 of the Bombay Moneylenders Act, 1946 alleging inter-alia that the petitioners, more particularly Petitioner No. 1 has committed offence under Sections 5, 18, 19 and 25(3)
































































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