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2015 Supreme(Guj) 992

RAJESH H.SHUKLA
Nazimuddin Fakruddin Kazi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : A.D. Shah
For the Respondents: Mitesh Amin, Public Prosecutor

JUDGMENT

Rajesh H. Shukla, J.

1. The present petition is filed by the petitioner under Art. 227 read with Art. 21 of the Constitution of India for a Writ of mandamus or any other appropriate writ for the prayers as prayed for in detail in the petition, inter alia, that appropriate writ of mandamus or any other writ or order may be issued to quash the order under Sec. 70and under Sec. 82 of the Code of Criminal Procedure, 1973 in C.R. No. I-12 of 2009 registered at Dungari Police Station (orders dated 5-6-2015 and 11-5-2015). It is also prayed that further proceedings arising out of such an order passed for warrant under Sec. 70 of Cr.P.C. by the Addl. Chief Judicial Magistrate, Valsad, and also the order passed by the Chief Judicial Magistrate, Valsad for proclamation under Sec. 82 of Cr.P.C. may be stayed on the grounds stated in the petition. The facts of the case as narrated in the petition refer to the investigation in connection with the offence under Secs. 302,307, 120B of the Indian Penal Code read with Secs. 25(1)A, B, 27(1)A, B of the Arms Act, 1959 and Sec. 135 of the Bombay Police Act.

2. Heard learned Counsel Shri A.D. Shah for the petitioner. He referred to the applicatio









































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