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2015 Supreme(Guj) 476

V.M.PANCHOLI
Nilesh Jayantibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Nasir Saiyed
For the Respondents: Maithili Mehta, Addl. P.P.

Judgment

V.M. Pancholi, J.

1. This petition is filed under Arts. 226 and 227 of the Constitution of India wherein the petitioner has prayed that the order dated 5-2-2014 passed by learned Judicial Magistrate, First Class, Vadodara below application Exh. 49 in Misc. Criminal Application No. 9 of 2011 be quashed and set aside. Rule. Learned Additional Public Prosecutor Ms. Maithili Mehta waives service of notice of Rule for respondent No. 1-State of Gujarat and learned Advocate Shri Ramnandan Singh waives service of Rule for respondent No. 2. With the consent of the learned Advocates for the parties this petition is taken up for final hearing forthwith.

2. Learned Advocate Shri Nasir Saiyed submitted that in the year 2008 respondent No. 2 had filed a criminal complaint against the petitioner and his parents for the offences punishable under Sees. 498A, 323, 504, 506(1) and 114 of the Indian Penal Code read with Secs. 3 and 7 of the Dowry Prohibition Act, 1961. The Investigating Officer carried out the investigation in the said matter, and thereafter, filed the charge-sheet. Thereafter, the concerned Court by way of a judgment and order dated 8-11-2012 was pleased to acquit the petitione

























































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