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2022 Supreme(Guj) 1412

ILESH J. VORA
Kirtibhai Jivanbhai Bharvad – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. B.B. Naik with Mr. Dipak R. Dave.
For the Respondent: Mr. Anshin Desai with Mr. Parth, Mr. Manan Mehta.

JUDGMENT :

1. By this application under Article 226 read with Article 227 of the Constitution of India and Section 482 of Criminal Procedure Code, 1973, the applicant-original accused is praying for setting aside the impugned order dated 24.02.2021 passed by Chief Judicial Magistrate, Gandhinagar, whereby, the Court has issued non-bailable warrant of arrest under Section 70 of the Code, which has been confirmed by the Revisional Court vide its order dated 03.08.2021 passed by Additional Sessions Judge, Gandhinagar in Criminal Revision Application No.33 of 2021.

2. On 04.12.2020, a first information report came to be lodged with Kalol Police Station, District: Gandhinagar for the offence punishable under Sections 380, 406, 409, 477, 384, 457, 120B, 201 and 114 of the IPC. The applicant herein is one of the accused persons (accused no.7) named in the FIR. Since lodgment of the FIR, the applicant being accused of non-bailable offence, evading his arrest. It is case of the prosecution that, after extensive search and efforts made by the investigating officer, the applicant-accused was not traceable at his residential address and investigating officer could not secure the presence of th

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