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2012 Supreme(Guj) 409

RAJESH H.SHUKLA
Yes Bank Limited – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Mihir Joshi, Sr. Adv. with Mr. Padmraj K. Jadeja, for the Applicant No. 1-2
Mr. H.L. Jani, APP for the Respondent No. 1.
Mr. Vivek Bajwa with Mr. Nikunt K. Raval, for the Respondent No. 2.

Judgment

Rajesh H. Shukla, J.—The present petitioner has been filed by the petitioners original Accused Nos. 1 and 2 under Article 226 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure, 1973 for the following prayers :—

“(a) Be pleased to call for the records in Criminal Case No. 21540 of 2010 pending before the Learned Second Additional Judicial Magistrate, Gandhinagar.

(b) Be pleased to quash and set aside the Order of Learned Chief Judicial Magistrate, Gandhinagar passed in Inquiry No. 202 / 212 of 2008 dated 19/10/2010 and consequently be pleased to quash and set aside the proceedings in Criminal Case No. 21540 of 2010 pending before Learned Second Additional Judicial Magistrate, Gandhinagar.

(c) Be pleased to stay the proceedings initiated in Criminal Case No. 21540 of 2010 pending before the Learned Second Additional Judicial Magistrate, Gandhinagar pending hearing and disposal of the present Petition.

(d) Be pleased to pass such other orders as may be deemed fit and necessary in the interest of justice.”

2. Thus, the prayers have been made to stay the proceeding of Criminal Case No. 21540/2010 and also to quash and set aside the order of t





















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