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2021 Supreme(Guj) 773

B.N.KARIA
Jayantiben Keshav Furgo – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For The Appellant : MR VIRAT G POPAT
For The Respondent: MR MEHULSHARAD SHAH, MR. H.K. PATEL, APP.

JUDGMENT :

1. Rule. Learned advocate Mr. Mehulsharad Shah waives service of notice of rule for and on behalf of respondent No.2 and learned APP waives service of notice of rule for the respondent – State.

2. As identical issue is involved in both these petitions, on a joint request made by learned advocates for the respective parties as well as learned APP, these petitions are disposed of by passing a common order.

3. Short facts emerged from the petitions arise as under. For the sake of convenience, Special Criminal Application No.2429/2014 is treated as lead matter.

3.1 “The respondent No.2, filed a complaint against the petitioners before the learned Chief Judicial Magistrate, Porbandar under Section 500 of the IPC. Learned Chief Judicial Magistrate Porbandar, after recording verification and statement of the witnesses, issued process against the petitioner/accused for the offence punishable under Section 500 of the IPC. Initially, the petitioners preferred Criminal Misc. Application No.1384/2012 with Criminal Misc. Application No.1385/2012 before this Court. But, on 08.02.2012, under the instruction of the petitioners, learned advocate appearing for the petitioners seek permission

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