Rajeshbhai Maganbhai Gajera vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 812

DIVYESH A. JOSHI
Rajeshbhai Maganbhai Gajera – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR BOMI H SETHNA
For the Respondent: MR SHAKEEL A QURESHI

JUDGMENT :

1. Applicant-Rajeshbhai Maganbhai Gajera is the original complainant and respondent Nos.2 to 11-Sonalben Vinubhai Gajera & Ors. are the original accused in the main proceedings before the courts below.. For the sake of convenience and brevity, the applicant shall hereinafter be referred to as the original complainant and the respondent Nos.2 to 11 shall herein after be referred to as the accused persons. The Indian Penal Code, 1860 shall be referred to as ‘IPC’ and Criminal Procedure Code, 1973 shall be referred to as the ‘Code’

2. By way of this application under Section 482 of the Code, the applicant-original complainant seeks to invoke the inherent powers of this Court praying for quashing and setting aside the judgment and order passed by the 12th Additional. Chief Judicial Magistrate, Surat dated 14th November, 2011, dismissing the complaint of the complainant by exercising power under Section 203 of the Code as well as order passed by the learned Additional Sessions Judge, Surat dated 30th December, 2013 in Revision Application No.30 of 2012, confirming the order passed by the learned 12th Additional Chief Judicial Magistrate, Surat on 14th November, 2022.

3. Facts, i