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2022 Supreme(Guj) 1395

HEMANT M. PRACHCHHAK
GOVINDBHAI MAFATBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellants : NAMAN H. KINKHABWALA, Z.L. KHAN.
For the Respondents: DHRURAJ M. RANA, RAKESH R. PATEL, D.P. SHUKLA, CHINTAN DAVE.

ORDER :

1. Heard Mr. Naman H. Kinkhabwala and Mr. Z.L. Khan, learned advocates for the petitioners, Mr. Chintan Dave, learned Additional Public Prosecutor for respondent No. 1- State Government and Mr. Rakesh R. Patel, learned advocate for respondent No. 2.

2. By way of this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) the petitioners have prayed for quashing and setting aside the FIR bearing CR No. I-452 of 2002 registered with Naranpura Police Station, Ahmedabad and consequential proceedings which are pending in form of Criminal Case No. 368 of 2004, 23 of 2005 and 980 of 2011 before the Metropolitan Magistrate Court No. 9, Ahmedabad including the supplementary charge-sheet.

3. At the outset, learned advocates for the petitioners has submitted that out of present three petitioners, petitioner Nos. 1 and 3 have passed away. He has produced the document relating to the death of petitioner No. 3, which is taken on record of the present petition.

4. Hence, in view of the above, the petition is abated qua petitioner Nos. 1 and 3 and present petition is alive now only for petiti

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