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2019 Supreme(SC) 485

ASHOK BHUSHAN, K.M.JOSEPH
DIPAKBHAI JAGDISHCHANDRA PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the State :Mr. Nakul Dewan, Sr. Advocate, Mr. Pradhuman Gohil, Advocate, Mrs. Taruna Singh Gohil, Advocate, Mr. Himanshu Chaubey, Advocate and Ms. Tanvi Bhatnagar, Advocate, for the Appellant; Ms. Hemantika Wahi, Advocate.

JUDGMENT

K.M. Joseph, J.

This appeal by special leave granted by this Court is directed against the judgment of the High Court of Gujarat at Ahmedabad dismissing the Special Criminal Application No. 1230 of 2009 filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.PC for short).

2. The petition under Section 482 Cr.PC. was filed challenging the complaint and the Order passed by the Sessions Court rejecting the request of the appellant to discharge him of the offences under Sections 489B and 489C of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC for short).

3. The contents of the FIR dated 10.04.1996 are as follows:

"The facts of my complaint are that today i.e., on 10.04.1996 at about 13.00, we got information from the superior officer of the ATS that Mahamad Rafik Abdul Hamid Kadge of Mumbai and Salim Mahebub Shaikh of Ahmedabad Sahalam, both are selling fake currency note of Arabian country as original on the road going towards noble building located at the edge of Nehrubridge, Ashram Road, Ahmedabad on fair rate and therefore, while receiving such legal instruction, two panch persons had been called at
























































































































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