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2021 Supreme(Guj) 1265

GITA GOPI
Ismailbhai Umarbhai Jabai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Y.N. Ravani.
For the Respondent: Mr. Ashish M. Dagli with Mr. Mahesh Poojara, Ms. Monali Bhatt, Addl. Public Prosecutor.

JUDGMENT :

1. Both these applications arise out of one and the same First Information Report and therefore, they were heard together and are being disposed of by this common judgment.

2. Challenge in both these applications filed under Section 482 of the Code of Criminal Procedure is to the First Information Report being C.R. No. I – 2 of 2012 registered with Aghoi Police Station, East Kutch, Gandhidham for offences punishable under Sections 420, 465, 467, 468 and 114 of Indian Penal Code.

Criminal Misc. Application No.455 of 2012 is preferred by accused No.1 in the impugned complaint; whereas, Criminal Misc. Application No.458 of 2012 has been preferred by remaining accused Nos.2 to 4.

3. The present applications have been filed mainly on the ground that the impugned complaint is an abuse of the process of law and has been filed with a malafide intention so as to harass the applicants. It is submitted by learned advocate Mr. Y.N. Ravani appearing for the applicants in both the matters that respondent No.2-original complainant has not come before the Court with clean hands. The complainant herein happens to be the son-in-law of one Valimamad Mamad Jabi and claims share in the property

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