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2012 Supreme(Guj) 341

RAJESH H.SHUKLA
SANJIV R. BHATT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
SPECIAL CRIMINAL APPLICATION 2086 OF 2012
SHRI IH SYED for Petitioner
SHRI PRAKASH JANI, Learned Public Prosecutor and Government Pleader for Respondent(s): 1,
SHRI P.C.KAVINA, Learned Senior Advocate with Shri Parth Divyeshwar for Respondent(s): 2,
SPECIAL CRIMINAL APPLICATION 2019 OF 2012
SHRI IH SYED for Petitioners
SHRI PRAKASH JANI, Learned Public Prosecutor and Government Pleader for Respondent(s): 1,
SHRI P.C.KAVINA, Learned Senior Advocate with Shri Parth Divyeshwar for Respondent(s): 2,

JUDGMENT

1. After the arguments were concluded on 13.7.2012, the matter was kept for orders on 20.7.2012. However, on 18.7.2012, learned Counsel Shri I.H.Syed for the Petitioners mentioned and requested that he may be permitted to make one submission which escaped his mind. Therefore, in fairness and in the interest of justice, in presence of learned Senior Counsel Shri P.C.Kavina for the Complainant and learned Public Prosecutor Shri Prakash Jani, indulgence was granted though the matter was not on the board and the submissions have been recorded and dealt with in the order.

2. Both these Petitions have been filed by different Petitioners. The Petitioner in Special Criminal Application No. 2086 of 2012 is an I.P.S. Officer and the Petitioners in Special Criminal Application No. 2019 of 2012 are the other Petitioners who have filed these two Petitions challenging the impugned orders dated 30.6.2012 passed in Criminal Revision Application Nos. 20 of 2012 below Exhibit 32.

3. The present Petitions have been filed by the Petitioners under Articles 226 and 227 of the Constitution of India and also under Section 482 of the Code of Criminal Procedure, 1973 for the prayer that appropriate

































































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