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2022 Supreme(Guj) 1418

VAIBHAVI D. NANAVATI
Atul Kanjibhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Hardik H. Dave.
For the Respondent: Mr. Soaham Joshi, Additional Public Prosecutor.

ORDER :

1. Heard Mr. Ujwan, learned advocate for Mr. Hardik H. Dave, learned advocate for the applicant and Mr. Soaham Joshi, learned Additional Public Prosecutor appearing for the respondent – State.

2. By way of present application, the applicant herein has prayed for quashing of complaint being I-C.R.No.12 of 2014 filed under Section 379, 467, 468 and 471 of the Indian Penal Code and Section 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rules 4, 68 and 71 of the Gujarat Minor Minerals Concession Rules - 2010 and Section 3, 5, 6 and 13 of the Gujarat Minerals (Prevention of Illegal Mining, Transportation and Conservation Rules, 2005) and subsequent filing of chargesheet being CC/1566/2014 before the learned Chief Judicial Magistrate, Vyara, qua the present applicant.

3. The applicant herein has prayed for the following reliefs :-

    "i. Quash and set aside the complaint being I - CR. No. 12/2014 under section 379, 467, 468 and 471 of the IPC and Section 4(1)(a) of the Mines and Minerals (Development and regulation Act, 1957) and Rules 4, 68 and 71 of the Gujarat Minor Minerals Concession Rules - 2010 and Section 3, 5, 6 and 13 of Gujarat Minerals (Preventi

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