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2023 Supreme(Guj) 270

SAMIR J. DAVE
MAHESHBHAI @ MUNNABHAI RANINGBHAI BASIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HIRENKUMAR M. NIYALCHANDANI, SHRIRAM K BHARGAW.
For the Respondent: MANAN MEHTA.

ORDER :

Leave to amend.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State

2. By way of present application, applicant has requested to quash and set aside the judgment and order dated 18.07.2022 passed below Ex.16 by learned 11th Additional Sessions Judge, Dhoraji at Rajkot in Sessions Case No. 23 of 2019.

3. Heard learned advocates for the respective parties.

4. It was submitted by learned advocate for the applicant that the charge sheet has been filed on 07.05.2019 against the present applicant and looking to the charge sheet papers, there are total 49 witnesses and out of 49 witnesses, none of the witnesses attributed the role of the present applicant. That, the FIR came to be registered against the unknown person and FIR came to be registered after the period of one day after the incident took place and FIR is filed against the unknown person. That looking to the charge sheet papers, no weapon was recovered or discovered by the present applicant, no clothes were seized by the investigation officer, and looking to the charge sheet paper, there is no arrest panchnama against the present applicant. Even looking to the F

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