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2023 Supreme(Guj) 983

J. C. DOSHI
Rajeshbhai Ralumalbhai Shehdadpuri – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicants : Mr. J.B. Dastoor.
For the Respondents: Mr. Kartik V. Pandya, Mr. Ronak Raval.

JUDGMENT :

1. By way of this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks challenge the quashment of common order passed below Exh.7, Exh.10 and Exh.17 dated 07.04.2015 in Criminal Case No.16673 of 2009 passed by the learned Additional JMFC, Ahmeabad (Rural).

2. The facts which can be garnered from the pleadings is that on 12.09.2003, offence under section 186, 114 of IPC were registered against the petitioners. That on 18.07.2009, the Investigating Officer completed investigation and filed charge sheet in the court of JMFC. That on 03.10.2003, petitioner no.1 had preferred Criminal Misc. Application No.7936 of 2003 for quashing of FIR on the ground that same is barred by section 195 of Cr.P.C. in absence of written complaint to the court by the concerned public servant and no court can take any cognizance of the offence alleged. The petitioner was withdrawn on 07.05.2009 with liberty to raise all the contentions before the Trial Court. That on 27.08.2009, petitioners preferred application Exh.7 and Exh.17 praying for passing appropriate order pursuant to bar of taking cognizance under section 195(1) (b)(i) of IPC. The petitioners had also prefe

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