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2022 Supreme(Guj) 1392

NIRAL R. MEHTA
KAMLESHKUMAR C. DAVE – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Respondent: MITESH AMIN.

JUDGMENT :

NIRAL R. MEHTA, J.

1. By way of this Special Criminal Application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner who has been appointed as Special Public Prosecutor, District Devbhoomi Dwarka, prays as under:

    “(A) This Hon’ble Court be pleased to admit and allow this application.

(B) This Hon’ble Court be pleased to grant leave for withdrawal from prosecution of Criminal Case No. 696 of 2008 pending before court of Ld. Chief Judicial Magistrate, Khambhaliya, District Devbhumi Dwarka, as provided under Section 321 of Cr.P.C.

(C) During the pendency and final disposal of the application, this Hon’ble Court be pleased to stay the further proceedings of Criminal Case No. 696 of 2008 pending before Court of Ld. Chief Judicial Magistrate, Khambhaliya, District Devbhumi Dwarka.

(D) This Hon’ble Court be pleased to grant such other and further reliefs and/or order as deemed fit in the facts and circumstances of the case and in the interest of justice.”

2. Brief facts of the case can be summarized as under:

    2.1 On 21st December, 2007 a mob of 200-300 persons gathered outside the gate of Essar company at Khambha

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