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2023 Supreme(Guj) 29

GITA GOPI
Shailesh Anilbhai Radiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr Yogesh Lakhani, Senior Counsel With Mr Kshitij M. Amin, Mr Rahul R Dholakia
For the Respondent: Mr Jal Sol Unwala, Senior Counsel With Ms. Tejal A Vashi, Mr Dhawan Jayswal, Additional Public Prosecutor

ORDER :

1. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’) for quashing and setting aside the First Information Report bearing IC. R. No.41 of 2013 registered with D.C.B. Police Station, Ahmedabad for the offences punishable under Sections 406, 409, 384, 504 and 114 of the Indian Penal Code as also the charge-sheet and the proceedings of Criminal Case No.185 of 2014 pending before the Court of the learned Additional Metropolitan Magistrate, Court No.11, Ahmedabad.

2. Learned Senior Counsel Mr. Yogesh S. Lakhani assisted by learned Advocates Mr. Kshitij M. Amin and Mr. Rahul Dholakia for the applicant has questioned the jurisdiction of the Cyber Crime Cell. While referring to the judgment of the Hon’ble Apex Court in the case of Y. Abraham Ajith and Others v. Inspector of Police, Chennai reported in 2004 (8) SCC 100, it is submitted by learned Senior Counsel Mr. Yogesh S. Lakhani that the place of enquiry or trial will generally be within the local jurisdiction where the offence is committed. It is further contended that without any allegations of any cyber crime in the impugned First Information

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