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2017 Supreme(Guj) 653

SONIA GOKANI
Manojbhai Parshottambhai Movaliya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Cases Referred :
For the Appellant :R.S. Sanjanwala, Senior Counsel and Pravin Gondaliya, Advocate
For the Respondent: Ronak Raval, Addl. Public Prosecutor

JUDGMENT :

Sonia Gokani, J.

1. This group of petitions preferred by the applicants-original accused under section 482 of Code of Criminal Procedure, 1973, seeks to prevent the abuse of process of law. According to the applicants, allegations made in the FIR and the evidence collected in support thereof, even when taken on the face value, would not prima facie constitute an offence and even uncontroverted allegations made in the FIR do not disclose commission of offence. It is averred that where the criminal proceedings are manifestly attended with mala fide or the proceeding are maliciously instituted with an ulterior motive of wreaking vengeance or with an intention to extort money by pressurizing the applicants (accused) or when on the face of it, the criminal proceedings are apparently used for harassment, it deserves quashment. Last but not the least is the issue of inexplicable delay in lodging of FIR strenuously pressed into service. It is the say of applicants that the present proceedings are nothing, but pure and obvious abuse of process of law, therefore, the applicants are before this Court seeking quashment of the FIR.

2. Necessary facts, bereft of details, deserve to be me



























































































































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