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2024 Supreme(Guj) 445

DIVYESH A. JOSHI
Rahul Gangwal S/o Mahendrakumar Gangwal – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Hardik P Modh, Mr Yash N Nanavaty
For the Respondent: Mr Dhawan Jayswal, APP.

JUDGMENT :

1. As similar set of facts and law are involved in both the petitions and challenge in both the petitions is the impugned order dated 30.05.2015 passed by the learned Sessions Judge & Designated Special Judge, Ahmedabad (Rural), whereby, non- bailable warrant came to be issued against the petitioners, both the petitions are required to be heard analogously and decided by this Court with this common judgment.

2. For deciding the present petitions, the facts of Special Criminal Application No.6256 of 2015 are taken into consideration. By way of preferring present petition under Article 226 and 227 of the Constitution of India read with Section 482 and 483 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following relief/s:

    (A) To issue a Writ of Mandamus and/or Writ of Certioran and/or any other writ, order or direction, directing to quash and set aside the Order dated 30.05.2015 at Annexure-H passed by the Hon'ble Designated Special Court, Ahmedabad in Criminal Miscellaneous Application qua the Petitioner;

(B) To issue a Writ of Mandamus and/or Writ of Certiorari and/or any other writ, order or direction, directing to convert Non- bailable warrant su

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