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2012 Supreme(Guj) 278

J.B.PARDIWALA
KULDIP N. SHARMA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
MR. S.V. RAJU, SR.ADVOCATE with MR IH SYED for Applicant(s): 1,
MR. P.K. JANI, PUBLIC PROSECUTOR with MR JK SHAH, APP for Respondent(s): 1,
MR. S.P. HASURKAR for MR BHARGAV HASURKAR for Respondent(s): 2,

JUDGMENT

1. By way of this petition under Article 226/227 of the Constitution of India, the petitioner, an IPS officer, seeks to challenge the order dated 3rd May 2011 passed by the Additional Chief Judicial Magistrate, Anand in Court Inquiry No.93 of 2002 below Exh.1, thereby the Additional Chief Judicial Magistrate, Anand, ordered issuance of process against the petitioner-accused for the offences punishable under Sections 341, 342 and 500 of the Indian Penal Code, after a lapse of 11 years from the date of filing of the complaint.

2. Facts relevant for the purpose of deciding this petition can be summarised as under :

1. The petitioner is an officer of the rank of IPS. On 1st July 2002, respondent no.2-original complainant who is also a police officer, lodged a private complaint before the Court of learned JMFC, Anand for the incident which occurred on 23rd October 2001, against the the petitioner herein and one another person, also a police officer, for the offences punishable under Sections 341, 342, 447, 500, 504, 506 read with Sections 114 and 34 of IPC. On the very same day i.e. on 1st July 2002, the learned JMFC, Anand, took cognizance upon the complaint and ordered magisteri






































































































































































































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