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2019 Supreme(Guj) 1033

A.S.SUPEHIA
Banshilal Motilal Chandak – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ayan Bhattacherjee, Shailendra Kumar Tiwari, Devang J. Joshi.
For the Respondents: N.K. Majmudar, Monali Bhatt.

ORDER :

1. Rule. Learned Additional Public Prosecutor for the respondent-State and learned advocate Mr. N.K. Majmudar for the respondent No. 2 waive service of notice of Rule on behalf of the respective respondents.

2. The present application has been filed seeking quashing and setting aside the impugned F.I.R. being C.R. No. I-233 of 2016 registered at Salabatpura Police Station, Surat under Sections 406, 409, 420, 120-B and 114 of the Indian Penal Code, 1860 (for short "IPC").

3. Learned advocate Mr. Ayan Bhattacherjee with learned advocate Mr. Shailendra Kumar Tiwari with learned advocate Mr. Devang Joshi appearing for the applicants have submitted that the impugned F.I.R. has been lodged with an oblique motive in order to extort money from the applicants. Learned advocate has further submitted that the applicants as well as the first informant have business relationship since last twelve (12) years and the F.I.R. has been filed with an oblique motive for recovering money from the applicants for a period ranging from 2009 to 2014. It is submitted that in fact the first informant has also instituted Special Civil Suit No. 29 of 2012, which is pending before Principal Civil Judge, Di

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