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2017 Supreme(Guj) 924

Z.K.SAIYED
Afroz Mohammed Hasanfatta – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Sujoy Kantawala for Chetan K. Pandya
For the Respondent: Mitesh Amin

JUDGMENT :

Z.K. Saiyed, J.

Rule. Learned PP Mr. Mitesh Amin waives service of Rule on behalf of the respondent - State.

1. In the instant Revision Application, the challenge of the petitioner is to the order dated 15.11.14 of the Chief Judicial Magistrate at Surat, passed for taking cognizance of the offence alleged under Sections 420, 465, 467, 468, 471, 477-A, 120-B of Indian Penal Code 1860, and issuing process against the petitioner in Case No. 62851 of 2014. The short impugned Order reads as follows-

"Exhibit - 1

Criminal Case No. 62851/2014

Order

I take in consideration Charge Sheet/Complaint for the offence of IPC Section 420, 465, 467, 468. etc

Summons to be issued against the accused.

Sd/-

Chief Judicial Magistrate, Surat".

2. It is the case of the Petitioner that the impugned order qua the petitioner is not only cryptic, but also totally mechanical, taking cognizance and issuing process without any application of mind and without there being any such material against the petitioner, which can be considered as sufficient to subject him to face the rigors of trial. As per the petitioner, it is limited but necessary pre-requisite for taking cognizance and issuing process, to arrive at




















































































































































































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