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2025 Supreme(Online)(Guj) 10214

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
AVI BHADRESHBHAI SHAH & ANR. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: MR TATTVAM K PATEL
For the Respondents: MR. VIPUL B SUNDESHA, MR. JAY A. MEHTA

ORAL ORDER

ORDER IN BOTH CR.M.A.s (FOR AMENDMENT) NO.1 of 2025 Amendment by way of Civil Application No.1 of 2025 in both the matters is allowed. Amendment in the respective matters to be carried out forthwith.

COMMON ORDER IN CR.M.A . NOs. 25108 & 24951 OF 2017

1. Both the petitions arise out of one and the same FIR. In view of the identical issue. Hence, with the consent of learned advocates for both the sides, they are taken up and decided analogously by this Court.

2. Heard learned advocate Mr. Tattvam K. Patel appearing for the petitioners, learned advocate Mr. P.P. Majmudar along with learned advocate Mr. Vipul B. Sundesha for the private respondent as well as learned APP Mr. Jay A. Mehta appearing for the State in both the petitions.

3. It is to be noticed that the private respondent has filed the Criminal Misc. Application No.162 of 2012 before the Chief Metropolitan Magistrate, Ahmedabad alleging the offence under Sections 420, 465, 467, 471, 120(B) read with Section 34 of the Indian Penal Code and prayed to direct the concerned Police Officer to register the FIR under Section 156 (3) of the Code of Criminal Procedure , 1973 (hereinafter referred to as "the Code"). This applic

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