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2021 Supreme(Guj) 907

B.N.KARIA
BHUPATBHAI NANJIBHAI GAJERA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR. BHAUMIK DHOLARIYA
For the Respondent: MR JA ADESHRA, MS MOXA THAKKAR,

JUDGMENT :

1. By preferring this petition petitioners have challenged the order dated 18th January, 2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No.12, Ahmedabad in Inquiry Case No.7 of 2012, issuing summons to the accused persons and others observing that prima facie offence is made out by the petitioners.

2. Heard learned advocate Mr. Bhaumik Dholariya for the petitioners, learned APP Ms. Moxa Thakkar for the respondent-State and learned advocate Mr. J.A. Adeshra for the respondent No.2.

3. The case of the prosecution in brief can be summarized as under :-

4. On 29th March, 2012, the opponent no.2 / complainant herein filed a private complaint before the learned Metropolitan Magistrate, Ahmedabad against the petitioners herein and others for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (for brevity “IPC”) which was registered as Inquiry Case No.7 of 2012. Initially, the learned Trial Court ordered for Police Inquiry. Thereafter, vide order dated 18th January, 2018, the learned Additional Chief Metropolitan Magistrate Court No.12, Ahmedabad issued summons to all the accused including the pet

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