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2024 Supreme(Online)(GUJ) 25504

HIGH COURT OF GUJARAT
MR. JUSTICE NIRZAR S. DESAI, J
DINESH S/O GOPAL LOHARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MS SHALINI S MAIR(2681), MS VRUNDA SHAH, PUBLIC PROSECUTOR

ORAL ORDER

Rule. Learned APP waives service of rule for the Respondent- State.

1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 14.08.2024, passed by the learned 4 th Additional Sessions Judge, Vadodara (in brief, ‘Revisional Court’), in Criminal Revision Application No. 281 of 2023 as well as the order dated 23.05.2022, passed by the learned 8 th Additional Chief Judicial Magistrate, Vadodara (‘Trial Court’, hereinafter), in Criminal Case No. 5919 of 2022.

2. It is the case of the petitioner that the petitioner is one of the accused, who came to be arrested, pursuant to the registration of the FIR, bearing No. 11196040210049 of 2021, with Cyber Crime Police Station, Vadodara City, for the offence punishable under Sections 406 , 420 and 120B of the Indian Penal Code . In the impugned FIR, it is alleged that the petitioner, who was not named in the impugned FIR, along with other co-accused persons called the original complainant- Respondent No.2 and convinced him to take various loan insurance policies and thereby, duped an amount of Rs.12,12,477/- from Respondent No.2, under the pretext of loan processing fees.

2.1 Learned Advocate, Ms. Mair,

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