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2010 Supreme(SC) 782

P.SATHASIVAM, B.S.CHAUHAN
Babubhai – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appearing Parties:U.U. Lalit, P.S. Narsimha, R.K. Abichandani, C.A. Sundaram, Senior Advocates, Tushar Mehta, AAG, Ankur Chawla, Rahul Pratap, Jayant Mohan (for M/s. COAC), Vimal Chandra S. Dave, Mrs. Laxmi Abichandani, Sunil Patel, Ms. Hemantika Wahi, Ms. Meensha Lovkumar, Ms. Nupur, Sushil Kumar Jain, Puneet Jain, Ms. Rohini Musa, Abhishek Gupta, Zafar I., Anandh Kannan, P.K. Dey, Anirudh Sharma, A.K. Sharma, V.K. Biju, D.R. Bhatt, D.K. Garg, Keshav C. Thakur, Advocates.

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Judgment :

Dr. B.S. CHAUHAN, J.

1. Leave granted.

2. These appeals and other connected appeals have been preferred against the judgment and order dated 22.12.2009 of the High Court of Gujarat at Ahmedabad, passed in Special Criminal Application Nos. 1675/2008, 1679/2008 with Crl. Misc. Application Nos. 8249/2009, 8361/2009, 8363/2009 and 7687/2009.

3. Facts and circumstances giving rise to the present cases are that on 7.7.2008, some altercation took place between members of the Bharwad and the Koli Patel communities over the plying of rickshaws in the area surrounding Dhedhal village of Distt. Ahmedabad, Gujarat. The Bharwad community had been preventing the Koli Patels from running their rickshaws in the said area.

On the next day, i.e. on 8.7.2008, case No. C.R.No.I-154/2008, was registered at 17:30 hours in the Bavla Police Station under Sections 147, 148, 149, 302, 307, 332, 333, 436 and 427 of the Indian Penal Code, 1860 (hereinafter called as "IPC") read with Section 135 of the Bombay Police Act, 1951 (for short "BP Act") and Sections 3, 7 of Prevention of Damages of Public Property Act, 1984 (for short "1984 Act") for an incident which occurred at Village Dhedhal, wherein Mr
































































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