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2015 Supreme(Guj) 24

S.G.SHAH
JAYESH KHODIDAS PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR BHARAT K DAVE, ADVOCATE for the Applicants No. 1 MS HARDIKA B DAVE, ADVOCATE for the Applicants No. 1
MR PREMAL NANAVATI with MR BS KHATANA, ADVOCATE for the Respondents No. 2 MS JD JHAVERI, APP for the Respondents No. 1

JUDGMENT

S.G. SHAH, J.

1. The petitioner herein is original complainant, whereas the respondent no. 1 is prosecuting agency and the respondent no. 2 is original accused. They are referred to in the same capacity herein also.

2. The complainant is aggrieved by the impugned judgment and order dated 18/9/2014 rendered by the Ld. Addl. Sessions Judge, Court No. 3, City Sessions Court at Ahmedabad in Criminal Revision Application No. 237/2014, whereby Ld. Sessions Judge has allowed the revision preferred by the respondent accused and order dated 23/6/2014 below exh. 2 in Criminal Case No. 34/2012 rendered by the Ld. Chief Metropolitan Magistrate was set aside. Thereby the Sessions Court has accepted the report submitted by the Investigating Officer [IO] so far as respondent accused is concerned and thereby not only deleted the name of the accused from the charge-sheet which was already filed, but factual disclosure about such respondent as an absconder is also deleted from the charge- sheet of Criminal Case No. 588/2010. The impugned order thereby allows the report of the IO in two different cases by one single order.

3. The Chief Metropolitan Magistrate has rejected the report dated 1
















































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