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2022 Supreme(Guj) 127

NIKHIL S. KARIEL
Ashwibhai Kantibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. A. Parekh, Advocate.
For the Respondent: Shakeel A. Qureshi, PP.

JUDGMENT :

Heard learned Advocate Mr. M. A. Parikh for the applicant and learned APP Ms. M. D. Mehta for the respondent-State, learned Advocate Mr. Shakeel A. Qureshi for respondent No. 2.

2. By way of this petition, the petitioner has prayed for quashing of an FIR being C.R.-I-33 of 2017 lodged at the Khambhat Rural Police Station, Dist. Anand on 02.07.2017 for offences punishable under Sections - 406,465, 467, 468, 471, 181,193, 199, 420 and 120B of the Indian Penal Code.

3. Learned Advocate Mr. Qureshi on behalf of the respondent No. 2 - original complainant, has raised a preliminary objection as regards the maintainability of the present petition more particularly, on two counts that is on the count of suppression of material fact and on the count of a second quashing application for the same purpose not being maintainable.

3.1 Learned Advocate Mr. Qureshi would elaborate by submitting that the present petitioner had preferred Criminal Miscellaneous Application No. 28713 of 2017 praying for the very self-same reliefs and whereas vide an order dated 27.11.2017, learned Co-ordinate Bench of this Court had permitted the petitioner to withdraw the said petition. Learned Advocate Mr. Qu

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