J.B.PARDIWALA
Mehul Chinubhai Choksi – Appellant
Versus
State of Gujarat – Respondent
J.B. Pardiwala, J.
1. Since the issues raised in both the writ applications are the same and the challenge is also to the selfsame first information report, those were heard analogously and are being disposed of by this common judgment and order.
2. For the sake of convenience, the Special Criminal Application No. 4758 of 2015 is treated as the lead matter.
3. By this writ application under Article 226 of the Constitution of India, the writ applicant-original accused has prayed for the following reliefs;
"(A) That the Hon'ble Court be pleased to issue a writ, order or direction quashing FIR No. 2 of 2015 registered with Gandhinagar Police Station, Gandhinagar Zone on 23.1.2015 and all proceedings consequent to the same;
(B) That pending the hearing and final disposal of this petition, the Hon'ble Court be pleased to stay further proceedings of FIR No. 2 of 2015 registered with Gandhinagar Police Station, Gandhinagar Zone on 23.1.2015 and all proceedings consequent to the same;
(C) For such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. The case of the first informant may be summarized as under;
4.1 The first
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