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2024 Supreme(Online)(GUJ) 21485

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY
JANARDAN RAMASHRAY KASHYAP – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Assailing the order dated 17.07.2018 passed in Criminal Case No. 29596 of 2012 by the learned Chief Judicial Magistrate, Surat, whereby, the application filed under Section 239 of the Criminal Procedure Code, 1973 (CrPC) seeking discharge of the petitioner from the criminal case pending before the trial Court, was dismissed, the present special criminal application under Article 226 of the Constitution of India has been filed.

2. Facts relevant to dispose of the present petition may briefly stated as follow:

2.1 On a report lodged by the de facto complainant, a case in crime No. 15/2022 was registered with Surat DCB Police Station, Surat for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 120-B Indian Penal Code, 1860 (IPC) on 05.05.2012. The crime was investigated and eventually, after completion of investigation, the Investigating Officer has filed the charge-sheet in the trial Court on 05.10.2012. The petitioner is an Advocate by profession and he is shown as A-9 in the above charge-sheet. The main allegation that was made against him is that he has cooperated with the main accused – Yogesh Jagdishbhai Patel to fabricate the document in questio

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