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2022 Supreme(Online)(Guj) 9424

GUJARAT HIGH COURT
SAMIRBHAI MADHUKANTBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL JUDGMENT

[1] By way of this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the petitioner – original accused begs to challenge the order dated 30th March 2022 passed below Exhibit : 290 in Sessions Case No.104 of 2016 with Sessions Case No.11 of 2017 with Sessions Case No.55 of 2019 with Sessions Case No.17 of 2021 pending before the learned 10th Additional Sessions Judge, Rajkot, whereby an application preferred by the accomplice – co-accused namely Samir Ishwarbhai Gandhi came to be declared as approver under Section

307 of the Cr.P.C.

[2] Brief facts leading to filing of the present petition, in nutshell, can be stated as under:

[2.1]The petitioner along with three other accused persons are facing the prosecution for the offence punishable under Sections 302, 365, 340 and 120(B) of the Indian Penal Code. The petitioner is a partner of Raj Moti Oil Mill and Samir Gandhi i.e. the accused No.2, who turned to be an approver, was working as a Manager of Raj Moti Oil Mill.

[2.2]On 28th February 2016, the accused persons had gone to the residence of the brother-in-law of the com

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