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2015 3 Supreme(Guj) 1008

J.B.PARDIWALA
Hanif Usmanbhai Kalva – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :B.M. Mangukiya and Bela A. Prajapati, Advocates
For the Respondents: Public Prosecutor

ORDER :

J.B. Pardiwala, J.

1. By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused persons call in question the legality and validity of the order dated 31.12.2012 passed by the learned Additional District Judge & Additional Sessions Judge, Bhavnagar below exhibit-7 in the Sessions Case No. 58 of 2010, by which, the learned Judge rejected the application exhibit-7 filed by the applicants with a prayer to discharge them from the offence under Section 307 of the Indian Penal Code. The facts giving rise to this application may be summarized as under:--

“2.1 On 9th September, 2009, a first information report was lodged by a person named Brijeshbhai Himmatlal Shah, a resident of Bhavnagar at the “A” Division Police Station, Bhavnagar for the offence punishable under Sections 143, 147, 148, 149, 307, 403 and 506(2) of the Indian Penal Code and Section 135 of the Bombay Police Act.

2.2 The first informant is an animal rights activist. The first informant along with his colleagues, who are also animal activists, intercepted a truck allegedly carrying bullocks for the purpose of slaughter. In the process, the first informant and his coll















































































































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