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2024 Supreme(Guj) 291

CHEEKATI MANAVENDRANATH ROY
Jitendrabhai Parshottambhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Respondent: MR IMRAN H PATHAN, MR. R.D.KINARIWALA, MS JYOTI BHATT

JUDGMENT :

1. Rule. Learned counsel for the respective respondents waive service. Considering the controversy involved in the matter, with the consent of learned counsel for the parties, the matters are taken up for final hearing today.

2. In these two applications, the applicants have invoked the inherent powers of this Court under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking quash the orders dated 15.10.2018 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in taking cognizance of the offence punishable under Sections 494 and 114 of the Indian Penal Code, 1860 (IPC) and issuing summons to them for their appearance and to set aside the said orders.

3. In total, there are 15 accused against whom cognizance of offence was taken by the impugned orders and summons were issued. All of them have filed these two applications seeking similar relief of quashing the said orders. Therefore, these two applications are heard together and they are being decided by this common order.

4. The second respondent is the de facto complainant. She has filed a complaint under Section 190 of CrPC before the learned Additional Chief Metropolitan Magistrate, Ahmedabad

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