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2015 Supreme(Guj) 111

VIPUL M.PANCHOLI
RAJESH @ MUNO DAMODAR SHETHIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR PREMAL S RACHH, ADVOCATE for the Applicant(s) No. 1 5
MS HB PUNANI, APP for the Respondent(s) No. 1
MR PRATIK JASANI, ADVOCATE for Respondent(s) No. 2

JUDGMENT :

1. Rule returnable forthwith. Learned APP Ms. HB Punani waives service of notice of rule on behalf of respondent No.1 – State of Gujarat and learned advocate Mr. Pratik Jasani waives service of notice of rule on behalf of respondent No.2 – original complainant.

2. This petition is filed under Articles 226 of the Constitution of India read with the provisions of Code of Criminal Procedure, 1973, wherein the petitioner has prayed that the FIR being C.R. No. I428 of 2013 registered with City ‘B’ Division Police Station, Jamnagar be quashed and set aside.

3. Heard learned advocate Mr. Premal S. Rachh for the petitioners. Learned advocate for the petitioners submitted that the FIR being C.R.No.I428 of 2013 came to be registered with City 'B' Division Police Station, Jamnagar for the offences punishable under Sections 395, 397, 307, 325, 324, 323, 452, 427, 506(2), 504 and 34 of the Indian Penal Code read with Section 135(1) of the Gujarat Police Act. Learned advocate submitted that after the aforesaid FIR is filed, Investigating Officer carried out the investigation and chargesheet came to be filed before the concerned Magistrate Court and thereafter it has been committed to t

















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