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2022 Supreme(Guj) 848

Vijaybhai Mansibhai Khavada (Khartani) – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
Pawan A.Barot, Moxa Thakkar, Advocates

JUDGMENT :

Niral R. Mehta, J.

1. By way of this Criminal Misc. Application, the applicant, who is accused no. 3, has approached this Court under Section 482 of the Code of Criminal Procedure seeking quashment of the FIR being C.R. No. 11211045220164 of 2022 lodged on 2nd July 2022 before the Sayla Police Station, District Surendranagar, for the offence punishable under Sections 504 and 506(2) read with Section 114 of the Indian Penal Code.

2. Heard learned advocate Mr. Pawan Barot appearing for the applicant as well as learned APP Ms. Moxa Thakkar appearing for the respondent-State of Gujarat.

3. Mr. Barot submitted that the impugned complaint is nothing but a sheer abuse of process of law and filed only with a mala-fide intention to see that the relative of the applicant who is facing the charges under Section 302 of the IPC may not get the bail.

4. Mr. Barot further submitted that the relatives of the applicant has filed his bail application before this Court on 30th June 2022, and thereby with a view to create a good defence and/or prejudice to the Court, such a false complaint came to be filed on 2nd July 2022 for the offence alleged to have happened on 4th June 2022. Mr. Barot furt

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