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2021 Supreme(Guj) 693

B.N.KARIA
Umesh Babubhai Bodiwala – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ms. Roma I Fidelis
For the Respondent: Mr. Pravin Gondaliya, Mr. H K Patel, APP

JUDGMENT :

1. In these group of petitions, two different complaints are lodged against the petitioners and identical question of law and facts are involved in all these four petitions. Joint request was made by learned advocates appearing for the respective parties to decide all these four matters by passing common judgment and order. It is requested to consider Criminal Misc. Application No. 10581/2009 as a lead matter.

2. Factual matrix of the petition may be summarized as under:

2.1 One FIR was filed and registered vide C.R. No.I-64 of 2009 with Kamalabaug Police Station, Porbandar under Sections 420, 406, 506(2) and 114 of the Indian Penal Code (hereinafter referred to as “the IPC” for short) against 9 accused as shown in the FIR. As per this FIR given by the respondent No.2 on 31.05.2009, he has alleged that the offence was taken place from 11.03.2008 till the date of registering the FIR. Another FIR was filed i.e. Criminal Complaint No.I–116/2009 with the City Police Station, Surendranagar for the offence punishable under Section 406, 420, 114 and 120(B) of the IPC against

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