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2021 Supreme(Guj) 175

B.N.KARIA
JAYDIP DINESHCHANDRA JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant :MR. ANSHIN H. DESAI, SENIOR ADVOCATE WITH MR. JAY M THAKKAR
For the Respondent: MR. MITESH AMIN, PUBLIC PROSECUTOR

JUDGMENT :

By way of present application, petitioner has challenged the order dated 19.02.2018 passed below an application Exh. 46 in Criminal Case No. 1188 of 2010 by the Ld. Chief Judicial Magistrate, Kutch at Bhuj, whereby the application preferred by the petitioner u/s. 227 of Code of Criminal Procedure praying for discharge is rejected as well as the order dated 10.12.2018 passed by Ld. Additional Sessions Judge, Kutch at Bhuj dismissing Criminal Revision Application No.28 of 2018.

2. The brief facts of the present case are as under:

    That petitioner joined his service of State Government as Deputy Collector. On 26.01.2001, there was an earthquake experienced in the State of Gujarat, whereby, the epicenter was located at Bhuj, wherein, a lot of destruction in terms of life and property had occurred and therefore, Government had decided to rehabilitate the affected persons and passed number of resolutions to that effect. To classify the damage, G.1 to G.5 categories were made and category certificates were issued by different authorities like Mamlatdar, City Survey Superintendent, Chief Officer & Deputy Collector. It is submitted that the grain market of Bhuj was totally affected b

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