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2014 Supreme(Guj) 901

J.B.PARDIWALA
URVESHBHAI BALDEVBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MS. MANISHA LUVKUMAR SHAH, MR. HARDIK J. JANI, for the Applicant
MR. F.B. BRAHMBHATT, for the Respondent No. 3
MR. L.R. PUJARI, ADDL. PUBLIC PROSECUTOR for the Respondent No. 1

Judgment

1. Since the issues raised in the captioned applications are interconnected, those were heard analogously and are being disposed of by this common judgment and order.

2. I may first consider Special Criminal Application Nos.4608 of 2014 and 4609/2014. These applications under Article 227 of the Constitution of India are at the instance of the original first informant calling in question the legality and validity of the order dated 17th October, 2014 passed by the learned Sessions Judge, Gandhinagar on an application filed by the respondent no.3 (original accused), for surrender before the Sessions Court.

3. The facts giving rise to these applications may be summarized as under:-

3.1 The petitioner herein lodged a private complaint in the Court of the learned Judicial Magistrate, First Class, Gandhinagar against the accused persons named therein under the offence punishable under Sections 406, 420, 465, 471, 467, 120-B r/w 34 of the Indian Penal Code. The learned JMFC thought fit to order police investigation under Sec. 156(3) of the Code of Criminal Procedure, 1973. In view of the order passed by the learned JMFC, Gandhinagar under Sec. 156(3) of the Code, the Adalaj Police St

































































































































































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