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2015 Supreme(Guj) 821

J.B.PARDIWALA
YUNUSBHAI USMANBHAI SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR. SOEB R. BHOHARIA, ADVOCATE for the Applicant(s) No. 1
VALIMOHAMMED PATHAN, ADVOCATE for the Applicant(s) No. 1
HCLS COMMITTEE, ADVOCATE for the Respondent(s) No. 2
MADANSINGH O BAROD, ADVOCATE for the Respondent(s) No. 2
MR KL PANDYA, APP for the Respondent(s) No. 1

JUDGMENT :

1. Rule. Mr. K.L. Pandya, the learned Additional Public Prosecutor waived the service of notice of rule for and on behalf of the respondent No.1. The respondent No.2 the original first informant although served with the notice issued by this Court dated 23.06.2015 yet has chosen not to appear before this Court and oppose this application either in person or through an advocate.

2. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant the original accused seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report bearing C.R. No.I38 of 2014 registered with the Gayakwad Haveli Police Station, District: Ahmedabad for the offence punishable under Sections 363 and 366 of the Indian Penal Code (for short, 'the I.P.C.') and also for the offence punishable under Section 18 of the Prevention of Children from Sexual Offences Act (for short, 'the POCSO Act').

3. The facts giving rise to this petition may be summarized as under:

3.1 The respondent No.2 is a resident of Ahmedabad. He has two daughters, namely, Namira aged 16 years and 4 months, and Tahejib aged 10 years. At the time when the First Informa































































































































































































































































































































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