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2021 Supreme(Guj) 1236

B. N. KARIA
Vipulbhai Chandrakantbhai Gosaliya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. B.B. Naik, Senior Advocate with Nisarg H. Vyas.
For the Respondent: Mr. B.J. Trivedi, Mr. J.T. Trivedi, Ms. Jignasa B. Trivedi, Mr. H.K. Patel, APP.

JUDGMENT :

1. By way of present petition, petitioners have prayed for following reliefs :

    “(A) This Hon'ble Court may be pleased to admit and allow this petition.

(B) This Hon'ble Court may be pleased to issue an appropriate writ, order or direction quashing and setting aside the complaint and F.I.R. bearing I-C.R. No.80/2005 registered on 25.03.2005 with C-Division Police Station, Bhavnagar, the chargesheet no.131/2005, dated 05.10.2005 and the additional chargesheet no.I-131/2005, dated 03.06.2007,and all the subsequent proceedings thereon.

(C) Such other and further reliefs as this Hon'ble Court may deem just, fit and expedient be granted in favour of the petitioners.”

2. The brief facts of the case are as under:

2.1 The petitioners have sought for quashing of the complaint registered against the petitioners bearing C.R. No.I-80/2005 with C-Division Police Station, Bhavnagar for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 477A, 120B, 34 and 114 of the Indian Penal Code (hereinafter referred to as “the IPC” for short) on 25.03.2005. In pursuance of the said FIR charge-sheet came to be filed against the petitioner No.2 and other co-accused vide Chargesheet No.131

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