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2022 Supreme(Online)(Guj) 6259

GUJARAT HIGH COURT
MANISH JAYDEVBHAI BRAHMNBHATT – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

Draft amendment is allowed. Necessary amendment shall be carried out forthwith.

(1) RULE returnable forthwith. Learned Additional Public Prosecutor appears and waives service of notice of rule for and on behalf of the respondent-State.

(2) By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant seeks to invoke the inherent powers of this Court for quashing of the FIR being C.R.No.11191066210976 of 2021 registered with Vasna Police Station, Ahmedabad City, for the offences punishable under Section 186 of the Indian Penal Code, 1860.

(3) I have heard Mr. Zubin Bharda, learned advocate for Mr.

Nisarg Raval, learned advocate for the applicant and Ms. Moxa Thakkar, learned Additional Public Prosecutor appearing for the respondent-State.

(4) Mr. Bharda, learned advocate, at the outset, has mainly contended that in view of the FIR is in question squarely covered by the embargo raised under Section 195(1)(a) of the Code of Criminal Procedure, 1973, as no cognizance can be taken of the FIR with respect offence punishable under Section 186 of the IPC when a private complaint is filed before the competent court by the complainant and thereby, t

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