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2020 Supreme(Guj) 644

GITA GOPI
Mohanbhai Haribhai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Yatin Oza with Mr. Bhavesh B. Sarode, Ms. Srushti A. Thula and Ms. Ashlesha M. Patel.
For the Respondent: Mr. Mitesh Amin, Public Prosecutor.

JUDGMENT :

1. RULE. Service of notice of rule was waived on behalf of the respective respondents. With the consent of learned advocates on both the sides, all the matters were heard together and are disposed of by this common judgment.

2. These petitions have been preferred under section 482 of the Code of Criminal Procedure (hereinafter referred to as “the CrPC”) seeking quashment of (i) the FIR No.11206020201756 of 2020 registered with Kadi Police Station on 24.05.2020 for offences punishable under sections 409, 431, 201, 120B and 34 of IPC and sections 65(e), 81, 83 and 116-B of the Gujarat Prohibition Act and (ii) the subsequent FIR No.1120602020769 of 2020 registered with the same police station on 31.05.2020 for offences punishable under sections 409, 420, 120B and 34 of IPC and sections 66(1)(e), 83 and 116-B of the Gujarat Prohibition Act.

2.1 In the FIR registered on 24.05.2020 (which shall hereinafter be referred to as the “first FIR”), nine police personnel have been named as accused persons. Out of the nine accused persons, the following accused have challenged the first FIR by filing applications as under;

    (A) Criminal Misc. Application No.7754 of 2020 - By original accuse

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