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2018 Supreme(Guj) 402

S.G.SHAH
Frany Rustom Contractor – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Anuj H. Dave, Mr. P.Y. Divyeshvar
For the Respondents: Mr. Pravin Gondaliya, Mr. Manan Mehta

JUDGMENT :

1. Heard learned advocate Mr. P. Y. Divyeshwar for the applicant, whereas learned Senior Counsel Mr. Yogesh Lakhani with learned advocate Mr. Pravin Gondaliya for respondent Nos. 2 to 5 and learned APP for respondent State being investigating and prosecuting agency. Perused the record and paper book.

2. Petitioner herein is original complainant, who has lodged an FIR before DCB Police Station, Vadodara under Section 406, 420, 467, 468, 471, 474 and 120B of the Indian Penal Code, which is registered as I – C.R. No.7 of 2011 on 15.02.2011 against present respondent Nos. 2 to 5 as well as one another person namely Akshar R. Ashar (for short ‘A. R. Ashar’. However, though FIR is against 5 persons, ultimately after investigation when police has filed charge sheet against respondent Nos. 2 to 5 disclosing AR Ashar as absconding accused and, therefore, trial against AR Ashar could not be held till date. His name is shown in second column of charge sheet as an absconding accused.

3. The sum and substance of the complaint by the petitioner is to the effect that she is owner of property under reference, which is situated in posh area of Vadodara. So far as present litigation is conce




























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