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2023 Supreme(Guj) 910

M. K. THAKKER
Fakirsha @ Faku Erachsha Variava – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Adil R. Mirza.
For the Respondents: D.P. Kinariwala, M.D. Mehta.

JUDGMENT :

M.K. THAKKER, J.

1. This is an application filed by the applicants, who are husband and wife-accused Nos.1 and 2 praying to exercise the inherent jurisdiction under Section 482 of the Code of Criminal Procedure and to quash the impugned FIR being II-C.R. No. 48 of 2014 registered with Valiya Police Station, District Bharuch. It is further prayed to quash and set aside the charge-sheet filed before the Competent Court on 12.07.2016 being Criminal Case No. 533 of 2016.

2. Brief facts in a capsulized form are as follow:

    2.1. The FIR was filed by the complainant, namely, Urmilaben Harisingbhai Rupsingbhai Vasava alleging against the present applicants that on 19.10.2014 when the present applicants arrived near the residence of first informant on motorcycle and shouted by slowing sown the motorcycle as to why the first informant was not coming for agricultural work in their field. It is further alleged in the FIR that while inquiring that the present applicants called the first informant “Bhilada” and thereafter the applicants went to village Mahuza. Again, while returning at 12 O’clock in the noon, present applicants stopped their motorcycle near the residence of the first infor

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