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2024 Supreme(Guj) 383

J. C. DOSHI
Manishaben Vrajlal Thakkar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SHALIN MEHTA SENIOR COUNSEL WITH MR RAHUL DHOLAKIYA, KSHITIJ M AMIN
For the Respondent:MR JAL UNWALA, MR SHIVANG M SHAH, MR MITEH AMIN ADDITIONAL ADVOCATE GENERAL WITH MR HK PATEL

JUDGMENT :

Rule. Learned Advocate Mr.Shivang Shah waives service of notice for respondents no.2 and 3 and learned APP Mr.H K Patel waives service of notice for respondent-State. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing.

2. By way of this revision, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short ‘the Code’), the petitioner – org. complainant has prayed for the following main reliefs:

    “(B) This Hon'ble Court may be pleased to quash and set aside the order dated 15.07.2023 passed below Exhibit 23 in Criminal Case No. 5001743 of 2016 by the Ld. Addl. Chief Metropolitan Magistrate, Ahmedabad at Court No. 5, and consequentially be pleased to allow the application below Exhibit 23 preferred by the applicant herein in Criminal Case No. 5001743 of 2016, justice; in the interest of justice.”

3. The facts coming forth from the record are summarized as under:

3.1 That FIR being I-CR No.41 of 2016 with Vatva Police Station was lodged on 08.06.2016 inter alia stating that the accused persons were ex- employees with a company namely K.H.S. Machinery Pvt. Ltd. While serving with

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