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2017 Supreme(Guj) 402

J.B.PARDIWALA
HDFC BANK LTD. THRO-NITINKUMAR BALDEVBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Applicant : MR. R.R. MARSHALL, MR. NIKUNJ D. BALAR,
For the Respondent: MR. J.M. PANCHAL, MR ASHISH H SHAH

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in all the three captioned applications are interrelated and the challenge is also to a common order passed by the Additional City Sessions Judge, Court No.9, Ahmedabad, those were heard analogously and are being disposed of by this common judgment and order.

2. The Special Criminal Application No.7291 of 2016 is filed by the H.D.F.C. Bank Private Limited, through its authorised signatory. Where as the other two connected applications are filed by a private party claiming possession of the car seized by the police as a muddamal in connection with a criminal offence.

3. The Special Criminal Application No.7291 of 2016 filed by the Bank is with the following prayers:

“7(a) Be pleased to admit and allow this petition.

(b) Be pleased to issue a Writ of Certiorari or any other appropriate writ, order or direction for quashing and setting aside the order passed by the learned Additional Sessions Judge Court No.9, Ahmedabad city in Criminal Revision Application NO.97 of 2016, with respect to the part by which, the Sale Permission is not granted to the petitioner and consequently be pleased to quash and set aside the order dated 1532016,















































































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