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2024 Supreme(Online)(GUJ) 25393

HIGH COURT OF GUJARAT
MR. JUSTICE NIRAL R. MEHTA, J
JAYESHBHAI JESINGBHAI BARAD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
MR ASHISH M DAGLI(2203), MR TRUPESH KATHIRIYA, APP

ORAL ORDER

1. By way of this quashing application under Section 482 of the Criminal Procedure Code , the writ applicant has prayed this Court to quash the FIR being I-C.R. No.05 of 2017 filed before the Kodinar Police Station, Gir-Somnath for the offence punishable under Section 379 of the Indian Penal Code , Sections 3, 5, 6, 8 and 13 of the Gujarat Prevention of Illegal Mining Transport and Storage Act , 2005 and Sections 4(1)(a) and 21 of the Mines and Minerals (Development and Regulation) Act , 1957.

2. Brief case of the prosecution thus can be narrated as under:

2.1. Free translation of the FIR is produced as under:

“I, Ravi Kamleshkumar Mistri, aged about 29 years, Occupation: Service, having permanent residence at B/14, Krishna Appartment, India Colony Road, Thakkar Bapa Nagar, Ahmedabad, Mobile No. 9712320364, at present, residing at 39, Rajnagar Society, Veraval By-Pass Road, Veraval. With regard to my complaint dated 23/09/2016, which I had physically given, I state that, I reside at the above mentioned address and perform duty as an Assistant Geologist with the Department of Geology and Mines and Minerals at Veraval. At about 15:30 hours on 07/09/2016, during a surprise insp




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