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2024 Supreme(Online)(GUJ) 17993

HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
GAUTAMBHAI VASRAMBHAI ZAPADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

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

[2.0] By way of present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed for the following reliefs:

“Your Lordships may be pleased to allow this Special Criminal Application by quash and set aside the impugned Exh.08 order passed by the Ld. Civil Judge (JMFC), Vichhiya, vide order dated 25.10.2023 in Criminal Case No.363 of 2023, accordingly pleased to pass an order to grant to join the petitioner with his private council with the prosecution and assist the public prosecutor;”

[3.0] Heard learned advocates appearing for the respective parties.

[4.0] It is the case of the petitioner that petitioner is the original complainant of FIR being CR No.11213068230161 of 2023 with Vichhiya Police Station, Rajkot Rural for the offences under Sections 325, 324, 504 and 114 of the Indian Penal Code, 1860 and under Sections 37(1) and 135 of the Gujarat Police Act. After the investigation, charge-sheet came to be filed but it was the grievance on the part of the petitioner that so

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