Vishnubhai Manilal Patel vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 2214

ILESH J. VORA
Vishnubhai Manilal Patel – Appellant
Versus
State Of Gujarat – Respondent

Advocates Appeared:
For the Appellant : MR YOGESH LAKHANI WITH MR. MR. RAHUL R DHOLAKIA, MR. JAL UNWALA WITH MS TEJAL VASHI, MR PRAKASH JANI, SENIOR COUNSEL WITH MR. SHIVANG JANI
For the Respondent:MR IH SYED SR. ADVOCATE WITH MR ANIQ A KADRI, MS CM SHAH

JUDGMENT :

1. Since common question of facts and law involved in the captioned applications and same arise out of the order dated 19.05.2021, they were heard together and being disposed of by this common order.

2. Since the applicant Ashaben Patel (SCR.A 5079 of 2021) has died during the pendency of the application, same does not survive and is accordingly disposed of.

3. The applicants – original accused Nos. 1 and 2 of the Criminal Enquiry No. 2 of 2021, have preferred these applications under Article 226 and 227 of the Constitution of India, read with Section 482 of the Cr.P.C. thereby, they seek to challenge the legality and validity of the impugned order dated 19.05.2021 passed by the Court of Judicial Magistrate at Unjha, District : Mehsana in Criminal Inquiry No. 2 of 2021.

4. The brief facts leading to file the present applications are that, the second respondent filed a private complaint under Section 156(3) of the Cr.P.C. for the offence punishable under Sections 405, 406, 409, 467, 471, 120B of the IPC before the Court of Judicial Magistrate at Unjha, Dist.: Mehsana and same is registered as Enquiry Case No. 2 of 2021. After hearing the complainant and on perusal of the docu