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2023 Supreme(Guj) 834

DIVYESH A. JOSHI
Jayrajsinh Madhubha Gadhvi – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. BHADRISH S RAJU
For the Respondent: MR. H.K. PATEL

JUDGMENT

1. By way of this application, the applicant seeks to invoke the inherent powers of this Court praying for quashing and setting aside the Criminal Complaint registered against him before the Athwa Lines Police Station being I-C.R. No.104 of 2014 for the offence punishable under Sections 465, 468, 420 and 471 of the Indian Penal Code.

2. The applicant herein, namely, Jayrajsinh Madhubha Gadhvi is the original accused and the respondent No.2- Bhagwatsinh K. Vanar is the original complainant and for the sake of convenience and brevity, they shall hereinafter be referred to as the accused and the original complainant respectively. The Criminal Procedure Code, 1973 shall hereinafter be referred to as the ‘Code’ and the Indian Penal Code shall hereinafter be referred to as the ‘IPC’.

3. The facts giving rise to this application may be summarized as under;

3.1 The applicant was serving in the Police Department since 1993 and has been awarded more than 150 awards/good service ticket during his entire tenure.

3.2 Somewhere in the year 2009, an advertisement was published by the Police Department for recruitment to the post of Police Sub-Inspector (Unarmed), Class-III.

3.3 On 20.05.2009,

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