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2023 Supreme(Guj) 837

SANDEEP N. BHATT
Virambhai Punjabhai Mer (Modhvadiya) – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIRAT G POPAT
For the Respondent: JAIMIN A GANDHI, MR SOHAM JOSHI, Adv

JUDGMENT :

1. By this application under Section 482 of the Code of Criminal Procedure, the applicant - original accused prays for the following main reliefs:-

    “(b) To quash and set aside the impugned FIR (Annexure A) being II-C.R.No. 34/2019 registered with Udyognagar Police Station, District Porbandar;

(c) Pending admission, hearing and final disposal of this application, to stay further proceedings of impugned FIR (Annexure A) being II-C.R.No. 34/2019 registered with Udyognagar Police Station, District Porbandar.”

2. The brief facts of the prosecution are that, the complainant is doing electric work and runs his livelihood. As per the instructions of Mr. Chhaganbhai, who is a sub- contractor at Sardar Patel Nevalbase, Bokhira, the complainant started electric work at the Nevalbase. That on 31.03.2019, at about 9:30 a.m, when the complainant gone for taking electric goods which stored in the pump house at a camp, he went behind the pump house for urinating and upon seeing Virambhai (applicant herein), who was sitting in the office, the complainant went back without urinating, but at that time, one person came there and asked the complainant to meet Virambhai in the office. Therefore,

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