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2024 Supreme(Online)(GUJ) 1965

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE ILESH J. VORA
MRUGESH VINODCHANDRA SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL JUDGMENT

1. By invoking extraordinary jurisdiction of this Court Under Articles 226, 227 of the Constitution of India read with Section 482 of Cr.P.C. the applicant –

original accused No.8, has called in question the legality and propriety of the orders passed by the Courts below whereby the discharge application filed on the technical ground of law has been dismissed by the trial Court and the same is upheld by the revision Court.

2. The facts germane to dispose of his application may briefly stated as follows:-

The applicant Mrugesh Vinodchandra Shah is a practicing lawyer, who has also been appointed as Notary Public under the Notaries Act, 1952. The applicant is accused no.8 in a Criminal Case No.7302 of 2013, pending before the Judicial Magistrate Court at Bavla. Pursuant to the FIR filed by the second respondent – original complainant Dhirajba Vaghela, the Investigating Agency has filed chargesheet against eight persons including present applicant herein for the offence punishable under Sections 406, 466, 468, 471, 120(B) of the Indian Penal Code.

The accused no.1 Pruthviraj Vaghela is the real brother of the complainant herein. The agricultural lands in different parcel of

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