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2024 Supreme(Guj) 103

HASMUKH D. SUTHAR
VISUBHA UMEDSINH JADEJA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ASHISH M. DAGLI.
For the Respondent: DIVYANGNA JHALA.

JUDGMENT :

HASMUKH D. SUTHAR, J.

1. Heard Mr. Ashish M. Dagli, learned counsel for the applicant and Ms. Divyangna Jhala, learned APP for the respondent-State.

2. Present application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) seeking to quash and set aside the FIR being CR No. I - 43/2019 registered with Wankaner City Police Station, Morbi and also be pleased to quash the further proceeding arising thereof in nature of charge sheet at Annexure-B as Criminal Case No. 1331 of 2019 pending before the Taluka Court, Wankaner qua the applicant in the interest of justice.

3. Learned counsel for the applicant has stated that it is the consistent practice of this Court that once the charge-sheet is filed, petition filed under Section 482 of the Cr.P.C. is to be withdrawn and fresh application is being filed. Hence, the Court should entertain and consider such application.

4. At the outset, it is worth to mention that, present application is a successive quashing petition/application. Earlier, the applicant had filed Criminal Misc. Application No. 17738/2019, which came to be disposed of as withdrawn vide order dated

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