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2015 Supreme(Guj) 10

J.B.PARDIWALA
BHARAT VALJI HANGAMA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1-3
MR AN SHAH, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1

JUDGMENT

J.B. PARDIWALA, J.

1. By this writ application under Article-226 of the Constitution of India, the petitioners had prayed for the following prayer:–

“(A) Be pleased to admit and allow this petition;

(B) Be pleased to allow this petition by issuing an appropriate writ, order or direction holding that the powers exercised by the respondent No.2 Mamlatdar in respect of Chapter Case Nos.309, 310 and 311 of 2014 with respect to the petitioners is unjust, improper, unfair and in breach of principles of natural justice and suitable order and/or directions be made in this regard against the respondent No.2 in the interest of justice in the facts and circumstances of the case;

(C) Be pleased to allow this petition by issuing necessary order which pertains to proceedings of Chapter Case Nos.309, 310 and 311 of 2014 and be pleased to call for the record of the same and after perusing the same, be pleased to order that the proceedings tried by the respondent No.2 are in breach of the provisions of the Code of Criminal Procedure and also acted bias of not accepting the bail bonds of the petitioners and the same amounts to an act of arbitrariness, unreasonableness and also in breach of the p


































































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