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2023 Supreme(Guj) 51

GITA GOPI
Raghubhai Govindbhai Bharwad – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Jagat V Patel.
For the Respondents: Mr. Dhawan Jayswal, Mr. Nayan D. Parekh.

JUDGMENT :

1. Rule. Learned APP waives service of Rule on behalf of the respondent–State.

2. This application has been filed under section 482 of the Code of Criminal Procedure for quashing the FIR bearing CR No. I-42/2016 registered with Mahelav Police Station, Anand for offences punishable under sections 354(A) and 506(2) of IPC and to terminate all the subsequent proceedings in connection with the FIR.

3. The applicant states that he is innocent and falsely implicated in the alleged offence. By bare reading of the FIR also, the offence is not made out. It is stated that the first informant had taken Rs.1,80,000/- from the applicant as loan on 23.1.2015 and the first informant signed on the promissory note supported by two witnesses and when the applicant demanded the said money back from the first informant, she has filed false and fabricated FIR using the criminal machinery as a tool.

4. It is stated by the applicant that Civil Suit for recovery of the loan amount has been filed and notice has been served to the first informant and that with the same set of allegations, the first informant has lodged FIR bearing CR no. I-55/2015 against the applicant prior to the present impugne

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