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2020 Supreme(Guj) 27

A.C.RAO
Haji Osman Haji Suleman Bhaya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. A.G. Joshi, Mr. Dipak H. Sindhi.
For the Respondent: Ms. C.M. Shah.

JUDGMENT :

A.C. RAO, J.

1. The present applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) for quashing and setting aside the FIRs dated 18.05.2015 lodged by the respondent No. 2-original complainant being II-C.R. No. 12 of 2015 and II-C.R. No. 13 of 2015 respectively registered before Salaya Marine Police Station, Devbhumi Dwarka, for the offence punishable under Section 188 of the Indian Penal Code (for short “the IPC”). Since both the applications arise out of the common offence, the same are heard and decided analogously by a common judgment.

2. It is alleged by the respondent No. 2-original complainant, who is a police constable, in the FIR that on 18.05.2015, when the complainant and other police staff were on petrolling duty, they found labourers from other state working as a daily wager and they had not informed the police as per the notification of the Additional District Magistrate, Devbhumi Dwarka, being notification No. DM/DCH/ON/182/2015 dated 30.03.2015 and thereby committed the alleged offence.

3. Learned advocate Mr. Dipak Sindhi, appearing on behalf of the applicants in both the applications, has contended th

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