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2021 Supreme(Guj) 768

B.N.KARIA
AJAYBHAI JAMIYATBHAI JOSHI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR. YOGENDRA THAKORE
For The Respondent: MR. LAUKIK PANT FOR NANAVATI ASSOCIATES, MR. H.K. PATEL, APP.

ORDER :

1. By preferring this petition under Article 14, 16, 226 and 227 of the Constitution of India and under the provision of Section 482 of the Criminal Procedure Code, 1973, applicant has challenged the order passed below Ex-43 in Criminal Appeal No.22/2011 by the learned Sessions Judge, Gandhinagar rejecting the application Ex-43 filed by the applicant under Section 391 of Code of Criminal Procedure for producing additional evidence by an order dated 28.01.2016. The applicant was convicted by the learned Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 9853 of 2009 vide judgment and order dated 04.05.2011 for the offence punishable under Section 406, 420, 408, 467, 468, 471 read with Section 114 of the IPC while he was acquitted u/s. 120(B) of the IPC.

2. Heard learned advocate Mr. Yogendra Thakore for the applicant, learned advocate Mr. Nanavati for the respondent No.2 and learned APP Mr. Himanshu Patel for the respondent - State.

3. It is submitted by learned advocate appearing for the petitioner that against the order of conviction passed by the learned Chief Judicial Magistrate, Gandhinagar dated 04.05.2011 in Criminal Case No.9853 of 2009, Criminal Appeal No.22/2

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