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2023 Supreme(Guj) 53

GITA GOPI
Noormahmad (Nurabhai) Kalubhai Sumra – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. I.H. Syed, Senior Counsel with Mr. R.K. Mansuri.
For the Respondent: Mr. Dhawan Jayswal, Additional Public Prosecutor.

ORDER :

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

2. The above applications have been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the following First Information Reports (FIR) and the proceedings initiated in pursuant thereto :-

(a) II-C.R. No.3024 of 2011 registered with Sutrapada Police Station, Junagadh for the offences punishable under Sections 379 and 114 of the Indian Penal Code, under Sections 3, 5, 6, 8 and 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage Rules, 2017) and under Section 4(1)(a) of the Mines and Mineral (Regulation and Development) Act, 1957. The said FIR culminated into Criminal Case No.2061 of 2012 which is pending in the Court of the learned Judicial Magistrate First Class (JMFC), Sutrapada.

(b) II-C.R. No.3025 of 2011 registered with Sutrapada Police Station, Junagadh for the offences punishable under Sections 379 and 114 of the Indian Penal Code, under Sections 3, 5, 6, 8 and 13 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage Rules, 2017) and under Section 4(1)(a) of the

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