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2024 Supreme(Guj) 439

DIVYESH A. JOSHI
State Of Gujarat – Appellant
Versus
Yogendrasinh Ranjitsinh Rajput – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. L.B. Dabhi, LD. Addl. Public Prosecutor
For the Respondent: Mr. MH Shekhawat

JUDGMENT :

1. By way of this application, the applicant-State seeks to invoke the extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India so also inherent powers under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the order dated 03.10.2017 passed by learned 2nd Ad-hoc Addl. District & Sessions Judge, Valsad in Criminal Revision Application No.252 of 2017 and to confirm the order dated 10.08.2017 passed in relation to offence registered at Valsad City Police Station, Valsad being III-C.R. No.16 of 2017 by the learned Judicial Magistrate, First Class, Valsad.

2. The facts giving rise to the present application may be summarized as under;

    2.1 One Pramod Shaligram, Police Constable, Buckle No.501, serving at L.C.B., Valsad lodged a first information report stating that while he was on patrolling duty along with the other police staff, at that time, one white coloured unnumbered Alto Car overtook them and moved ahead which created suspicion in their mind about illegal trafficking of prohibited liquor and, therefore, the police also overtook the said vehicle and gave a signal to th

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