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2022 Supreme(Guj) 1374

VAIBHAVI D. NANAVATI
State Of Gujarat – Appellant
Versus
Hafizhusain @ Adnan @ Jaid Tajjudin Gosmohiddin Mulla Tajuddin Mulla – Respondent


Advocates Appeared:
For the Appellant : Mr. Mitesh Amin, Ms. Maithili Mehta.
For the Respondents: D.D. Pathan, Mr. Khalid G. Shaikh, Mr. S.M. Vatsa.

JUDGMENT :

1. By way of present writ-application the prosecution – State of Gujarat has invoked Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 16.4.2016 passed by the learned Additional Sessions Judge, Court No.15, City Sessions Court, Ahmedabad, below Ex.81 and 82 in Sessions Case No.389 of 2013 whereby, the learned Judge has discharged the respondents - accused from the charges levelled against them under Section 130 of the Indian Penal Code, 1860.

2. The brief facts as stated by the writ-applicant herein for consideration of the present dispute are stated thus :-

2.1 There were serial bomb blasts in the City of Ahmedabad in the year 2008, wherein an FIR came to be lodged qua the present accused with Shahibaug Police Station being C.R. No. I-236/2008 for the offences punishable under Sections 120(B), 121 A, 124 A, 153(1) (b) (a), 302, 307, 326, 427, 435, 468, 471 of Indian Penal Code read with Sections 3, 5, 6 , 7 of Explosive Substance Act, also read with Sections 10, 13, 16, 18, 19, 20, 23, 38, 39 and 40 of Unlawful Activities ( Prevention ) Act, read with Sections 3, 4 of Damage to Publ

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