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2021 Supreme(Guj) 1044

GITA GOPI
TAPUBHAI MOMAYA RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR ANKIT SHAH
For the Respondent: MR AKSHAT C VIN, MR CJ VIN, MR. PRANAV TRIVEDI

ORDER

GITA GOPI, J.

1. The petitioner has filed the petition under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No. 11993001200077 of 2020 dated 8.3.2020 registered with Shamkhiyari Police Station, Dist.: Kutch East- Gandhidham qua the present petitioner for offfences punishable under sections 406, 417, 418, 420, 421, 423, 424, 465, 467, 468, 471, 474, 34, 201, and 120B of the Indian Penal Code, 1860 and the proceedings initiated pursuant thereto.

2. The FIR is lodged by Sahdevbhai Khimjibhai Aahir (Bala) against 5 accused persons stating that his father namely Bala Khima Kayabhai was residing with him till 2011 at Karjan and then started residing at Shamkhiyari (Kutch). It is alleged by the complainant that his father has lost his memory and even he does not remember the names of his sons and daughtersin- law and his father does not know about his properties, its market price and he is not even able to read and sign any document. It is alleged by the complainant that his father even forgets the way towards his home and persons from village would come and drop him at home.

2.1 It is further stated in the FIR that on 2.3.2020, the compl

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