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2022 Supreme(Guj) 672

VIPUL M. PANCHOLI
YARLAGADA SHIVARAMPRASAD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.V. NAIR.
For the Respondent: L.B. DABHI.

JUDGMENT :

VIPUL M. PANCHOLI, J.

1. Heard, learned Advocate, Mr. Kabir Hathi, for learned Advocate, Mr. A.V. Nair, for the respective petitioner and learned APP, Mr. L.B. Dabhi, for Respondent No. 1-State.

2. Since, all these petitions involve identical question of law and facts, with the consent of the learned Advocates for the parties, they are taken-up for final hearing at the admission stage and being disposed of by this common judgment and order.

3. The present petitions are filed under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 (in brief ‘the Code’) for quashing and setting aside the criminal complaint filed by Respondent No. 2 against the present petitioners, being Criminal Complaint Nos. 27831, 11055, 26300, 2499 and 8351 of 2016, which are pending before the learned JMFC, Vadodara, for adjudication.

4. For the sake of convenience, the facts are drawn from Special Criminal Application No. 1055 of 2022, which reads as under:

    4.1 Respondent No. 2-original complainant filed a complaint, being Criminal Complaint No. 27831 of 2016, against the petitioner in Special Criminal Application No. 1055 of 2022 and others for the off

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