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2013 Supreme(Guj) 388

K.M.THAKER
SURESHBHAI @ KALI JAYANTIBHAI AHIR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR YASH N NANAVATY, ADVOCATE for the Applicant(s) No. 1
MR KUNAL S SHAH, ADVOCATE for the Respondent(s) No. 2
MS REETA CHANDARANA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2 -3

JUDGMENT :

1. The captioned three petitions are filed by original accused persons by invoking provisions under Section 482 of the Code of Criminal Procedure, 1973. The petitioners – original accused persons have prayed that the impugned complaint which is registered as Criminal Inquiry No.10 of 2010 may be quashed for the reasons mentioned in the petitions.

2. The petitioner in Criminal Misc. Application No.5472 of 2012 is the original accused No.6 and he has prayed, inter alia, that:

“12(B) Your Lordships be pleased to quashed and set aside the Criminal Inquiry No.10 of 2010 registered with the Court of learned Chief Judicial Magistrate, Surat qua the present applicant.”

2.1 The petition being Criminal Misc. Application No.6452 of 2012 is preferred by three petitioners who are original accused Nos.3, 4 and 5 and they have prayed, inter alia, that:

“7b. This Hon'ble Court be pleased to quash and set aside the complaint filed before Ld. Additional Chief Judicial Magistrate, Surat vide Inquiry Case No.10 of 2010 along with all the subsequent proceedings thereto qua present applicant.”

2.2 The petition being Criminal Misc. Application No.5935 of 2012 is preferred by original accused No.1 an


























































































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