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2011 Supreme(Guj) 218

SONIA GOKANI
Sursinh Bhimsinh Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Mehul H. Rathod, for the Applicant No. 1.
Mr. K.P. Raval APP, for the Respondent No. 1.
Rule Served, for the Respondent No. 2.

Judgment

Sonia Gokani, J.—Both these revision applications under Sections 397 read with 401 of Code of Criminal Procedure are preferred by the original accused Nos. 3, 4 and 5 respectively challenging the order of learned Addl. Chief Judicial Magistrate passed on the applications of discharge being Exh.12 and Exh.10 respectively in Criminal Case No. 1349 of 2007, urging this Court to quash and set aside the impugned order and to discharge all the applicants from the criminal case mentioned herein before. It also sought to stay the further proceedings of Criminal Case No. 1349 of 2007 pending before learned Chief Judicial Magistrate, Deesa.

2. It would be required to briefly recapitulate the fact of said Criminal Case No. 1349 of 2007 so as to grasp controversy raised before this Court.

3. Present applicants one Jiviben G. Patel and Purshotam G.Patel (respectively accused Nos. 1 and 2 in the original proceedings) are the resident of village: Kant of Deesa Taluka. Both accused Nos. 1 and 2 are the original land owners who sold their land, as per the case of prosecution, bearing Survey No. 79/1 to one Shri Mukeshbhai Gadhvi, MLA, Danta vide registered sale deed dated 13th June, 2006 bea


















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