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2019 Supreme(Guj) 217

A.S.SUPEHIA
Mohmadmohsin Mohmadirfan Chhalotiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants :I.H. Syed for Aftabhusen Ansari, Advocate
For the Respondents: Mitesh Amin, PP With Ms. Moxa Thakker, App, DS Aff. Not Filed (R)

JUDGMENT :

A.S. SUPEHIA, J.

1. By way of the present writ petition under section 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.), the petitioner seeks quashing of First Information Report (F.I.R.) being C.R. No.II-3036 of 2017 registered with Prantij Police Station, District Sabarkantha for the offences punishable under sections 186, 189 and 506(1) of the Indian Penal Code, 1860 (IPC).

2. The contents of the F.I.R. as mentioned in the memo of the application are as under:

(2.1) The complainant is a Police Head Constable (Batch No.889) working at Prantij Police Station, District Sabarkantha. On 17.5.2017, Dr. Jinesh Rathod lodged an F.I.R. bearing No.I-81 of 2017 against some persons viz. (i) Sartajmiya Gulammohmad Sumra, (ii) Moinmiya Gulammohmad Sumra; (3) Irfan Ahmad Nasirkhan Sumra; (iv) Sohebmiya Nasirkhan Sumra. On 18.05.2017 at around 10:00 a.m. Assistant Sub-Inspector (ASI) Mohanbhai Bhikhabhai (Batch No.1163) detained all the abovenamed accused and kept them in the lockup and called the complainant. By around 3:00 p.m. the petitioner came to the police station and started talking to all the detained persons thereafter, the complainant told the petitioner to move away




































































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