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2023 Supreme(Guj) 313

NISHA M. THAKORE
STATE OF GUJARAT – Appellant
Versus
RAJESHKUMAR JAMNADAS RAMI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MONALI BHATT.
For the Respondent: PUNIT B. JUNEJA.

ORDER :

1. This is an application filed under section 439(2) of Code of Criminal Procedure, by the State seeking quashing of the order dated 13.04.2022 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (rural) at Viramgam in Criminal Miscellaneous Application No. 68 of 2022. By the said order, the learned Sessions Judge has enlarged the respondent no. 1- original accused no. 1 in connection with an offence registered with Detroj Police station ICR no. 111920172110361/2022, dated punishable under sections 406, 409, 420, 465,467,468, 470, 471 of Indian Penal Code.

2. The gist of the allegations against the accused no. 1 in aforesaid FIR registered is that in the year 2016, the respondent no. 1 while holding charge as Deputy Accountant at Taluka Panchayat, Detroj office had committed criminal breach of trust by misusing his position as government servant, by making bogus cheques and vouchers and using such bogus documents as genuine documents the accused had dishonestly diverted such amount in his account or in the name of relatives / friends. As per the allegations in the FIR, the total embezzlement of the amount involved was Rs. 30,80621:00.

3. It transpires from the recor

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