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2022 Supreme(Guj) 1216

SAMIR J. DAVE
THAKOR GABHUSINH @ GABHUJI GALUJI RAMAJI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JIGAR G. GADHAVI.
For the Respondent: M.H. BHATT.

ORDER :

1. By way of present application, applicant has requested to quash and set aside the order dated 22.07.2022 passed by the learned Special Judge, (ACB), District Mahesana passed in the application preferred below Exhibit 40 under Section 227 of the Criminal Procedure Code, 1973 seeking discharge of the present applicant from the Criminal Case being Special ACB Case No. 9 of 2017 pending before the Court of Learned Special Judge, (ACB), Mahesana and requested to discharge the present applicant from the Criminal Case being Special (ACB) Case No. 9 of 2017 pending before the Court of Learned Special Judge (ACB), Mahesana.

2. Brief facts of the present case are as under:

    2.1 That, on 01.06 2017 the alleged incident is said to have taken place, wherein, as per the version of the original informant namely Mahendra Narayanbhai Pate whose son (deceased) namely Ketanbhait Mahendrabhi Patel was allegedly kidnapped by one Bharatbhai Manilal Brahmbhatt and five other persons and the said incident was seen by one Patel Arvindbhai Ranchhoddas. It is further alleged that Ketanbhai Mahendrabhai Patel was taken to the store and was beaten and he was handed over to police station. That, after 12

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