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2024 Supreme(Online)(GUJ) 2004

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY, J
ANISH NAUTAMLAL RACHH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR. ZALAK B PIPALIA(6161) for the Applicant(s) No. 1,2,3 MR JAL SOLI UNWALLA, SR ADVOCATE with MR VAIBHAV VYAS for the Applicant(s) No. CHIRAG N KAKKAD(8465) for the Respondent(s) No. 2 MR MITESH AMIN, AAG, for the Respondent(s) No. 1

ORAL JUDGMENT

1. These three petitions under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973 (CrPC) are filed challenging the legal validity of the impugned order dated 01.10.2019 of the learned Chief Judicial Magistrate, Gir Somnath at Veraval passed in Criminal Inquiry No. 27 of 2019 directing the Superintendent of Police (S.P.) to register an FIR against the petitioners and to investigate the case and to submit the report.

2. The petitioners in these three petitions are the accused in the said crime. The Special Criminal Application No. 9542 of 2019 was filed by the accused Nos. 2 and 3, who are the Deputy Superintendent of Police (Dy.S.P.) and the S.P., respectively, Special Criminal Application No. 9297 of 2019 was filed by the accused No. 1, who is the Police Inspector and the Special Criminal Application No. 9238 of 2019 was filed by the accused Nos. 4 to 6, who are the private persons. Therefore, all these three petitions are heard together and they are being disposed of by this common order.

3. Heard, the learned counsel for the petitioners, Mr. Mitesh Amin, learned Additional Advocate General for the State and the learned couns

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