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2017 Supreme(Guj) 548

J.B.PARDIWALA
Golden Trees Plantation Ltd. – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellants : Maulik J. Shelat
For the Respondents: Thakore, Addl. Public Prosecutor

JUDGMENT :

J.B. Pardiwala, J.

1. By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No. 839 of 2016 pending before the 9th Additional Chief Judicial Magistrate, Jamnagar arising from the Criminal Inquiry No. 322 of 2014.

2. The facts of this case may be summarized as under;

2.1 The respondent No. 2 herein-original complainant lodged a private complaint against the applicants herein in the court of the learned Chief Judicial Magistrate, Jamnagar for the offence punishable under sections 406, 420 read with section 114 of the Indian Penal Code. The learned Magistrate recorded the verification of the complainant on oath and took cognizance. After taking cognizance, the learned Magistrate thought fit to postpone the issue of process as he ordered police inquiry under section 202 of the Cr.P.C. The police carried out the inquiry under section 202 of the Cr.P.C. as directed and filed a report before the learned Magistrate stating that no








































































































































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