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2020 Supreme(Guj) 304

UMESH A.TRIVEDI
Meet Rohanbhai Vaidya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HL PATEL, Adv.
For the Respondent: MS MOXA THAKKAR, adv

JUDGMENT :

1. By way of this Criminal Revision Application the original informant of the case challenges the order passed by the learned Judicial Magistrate First Class, Maliya Hatina dated 22.04.2014 in Criminal Case No.203 of 2011 whereby Exh.29 application given by the first informant to invoke the provisions of Section 307 of the Indian Penal Code (hereinafter referred to ‘IPC’) against accused by altering the charge already framed under Section 216 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’).

2. According to the prosecution case, on 07.11.2010, the first informant registered one FIR against five named accused as also eight to ten unknown persons for the offences punishable under Sections 143, 147, 148, 149, 594, 506(2), 323 and 427 of the IPC as also under Section 135 of the Bombay Police Act, 1951. Over and above that, offence under Section 30 of the Arms Act, 1959 is also invoked by the first informant.

3. On registration of the offence, the accused named therein appears to have been arrested on 09.11.2010. It is very pertinent to note here that the first informant vide an application dated 09.11.2010 requested the Police Sub Inspector, Chorw

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