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2024 Supreme(Online)(GUJ) 11048

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
MOHMADHANIF ABDULHAMID SHAIKH & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: MR ZUBIN F BHARDA
For the Respondents: MR DIVYANGNA JHALA, ADDL. PUBLIC PROSECUTOR

ORAL ORDER

[1.0] RULE returnable forthwith. Learned APP waives service of notice of Rule for and on behalf of respondent No.1 – State of Gujarat.

[2.0] By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the petitioners have prayed to quash and set aside the FIR being I-CR No.70 of 2011 registered with Umargaon Police Station, District Valsad for the offence punishable under Section s 420 , 465, 466, 467, 468, 471 , 474 and 114 of the Indian Penal Code, 1860 (for short “ IPC ) and to quash all other consequential proceedings arising therefrom.

[3.0] At the outset, it is submitted that petitioner Nos.1 and 2 have expired during the pendency of the present petition and hence, present petition stands abated qua petitioner Nos.1 and 2 and is being considered for petitioner Nos.3 to 5 only.

[4.0] It is the case of the petitioners that the petitioners have been arraigned as accused Nos.3, 4, 5, 7 and 8 respectively in the complaint whereas Abdulhamid who is the father of petitioner Nos.1, 2 and 3 who has been arraigned as accused No.1 has expired on 14.12.1994. It is further the case of the petitioners that accused No.2 viz.

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