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2021 Supreme(Guj) 1234

GITA GOPI
Samir Bipinbhai Maradiya @ Vaniya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr Pratik B Barot
For the Respondent: Mr H J Karathiya, Mr Pranav Trivedi, Additional Public Prosecutor

JUDGMENT :

1. The applicant is shown as accused No.1 in the First Information Report registered on 26.06.2020 bearing No.11213021200558 of 2020 with Jasdan Police Station, District Rajkot Rural under Sections 306, 506(2) and 114 of the Indian Penal Code. The applicant herein has prayed for quashing of the impugned First Information Report qua him.

2. The applicant states that he has the authority over Chimanlal Premchand Shah Petrol Pump stationed at Village Jasdan. The prosecution states that the deceased was working as Mehtaji at the said Petrol Pump near old bus stand during day hours and in the night shift was working at Surya Petrol Pump. The applicant states that he has been wrongly implicated in the complaint and no offence as alleged has been made out to invoke the provisions of Sections 306, 506(2) and 114 of the Indian Penal Code.

3. Learned Advocate Mr. Pratik Barot for the applicant submitted that the deceased was working as a Managercum- Mehtaji at Chimanlal Premchand Shah Petrol Pump and the deceased was having custody of the key of the cupboard and was in possession of the cash amount of the Petrol Pump. When it was found that the deceased had gone away with the key of

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