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2016 Supreme(Guj) 2150

J.B.PARDIWALA
Parmar Rameshchandra Ganpatray – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Parthiv A. Bhatt
For the Respondent: Ms. Nisha Thakore

JUDGMENT :

1. By this application under Article 227 of the Constitution of India, the applicants – original accused persons call in question the legality and validity of the order dated 26th July 2016 passed by the Sessions Judge, Gandhinagar in the Criminal Revision Application No.42 of 2016.

2. The facts giving rise to this application may be summarized as under:-

2.1 The respondent No.2 herein lodged a complaint in writing in the Court of the learned Judicial Magistrate First Class, Mansa for the offence punishable under Sections 120B, 409, 420, 467, 468, 470, 471 and 477A of the Indian Penal Code. In the said complaint, the applicants herein have been shown as the accused persons. The learned Magistrate thought fit to pass an order directing the police to investigate the complaint under Section 156(3) of the Code of Criminal Procedure, 1973.

2.2 Pursuant to the order passed by the learned Magistrate directing the police to register the F.I.R. and undertake the investigation under Section 156(3) of the Cr.P.C., the First Information Report came to be registered at the Mansa Police Station as the M. Case No.1 of 2016.

2.3 The applicants herein, being dissatisfied with the order passed
































































































































































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