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2016 Supreme(Guj) 2031

B.N.KARIA
Ashokbhai Chandrakantbhai Gandhi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicants : Kshitij M. Amin, Mr. Mitesh R. Amin, Mr. S.N. Soparkar, Mr. Rahul R. Dholakia
For the Respondents: Mr. P.K. Pancholi, Ms. Moxa K. Thakker

JUDGMENT :

1. This application under Section 482 of the Code of Criminal Procedure, 1973, has been preferred with the prayer to quash and set aside the complaint bearing Inquiry Case No. 15 of 2011 filed before the learned Chief Metropolitan Magistrate, Ahmedabad by respondent No.2 on 18.11.2011 for the offences punishable under Sections 406, 420, 467, 468, 471, 120B, 114 of the Indian Penal Code and also under Section 2(a), (c), 7, 8 and 9 of Prevention of Corruption Act, 1988.

2. The case of the prosecution in brief is that respondent No.2, who is the original complainant filed one private complaint in the Hon’ble Court of Chief Metropolitan Magistrate of Ahmedabad City on 18.11.2011 for the offences punishable under Sections 406, 420, 467, 468, 471, 120B, 114 of the Indian Penal Code and also under Section 2(a), (c), 7, 8 and 9 of Prevention of Corruption Act, 1988 against the applicants. It is stated by respondent No.2 in his complaint that he is a member of a registered trust named Ahmedabad Education Society since around 1962, and therefore, he has right to object, dispute, etc. the dispute raised by respondent No.2 in his complaint relates to the election of the above referred























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