NEUTRAL CITATION
R/CR.MA/20292/2021 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20292 of 2021
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SAVAN THAKARSHIBHAI KHENI
Versus
STATE OF GUJARAT
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Appearance:
A S TIMBALIA(7372) for the Applicant(s) No. 1,2,3
MR. IMRAN H SAMOL(6827) for the Applicant(s) No. 1,2,3
MR PARESH M DARJI(3700) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 02/11/2023
ORAL ORDER
1. Learned advocate for the applicants is not present even in the second call.
2. Pursuant to the earlier order passed by this Court on 23.10.2023, In-charge investigating officer, D.C.B.Police Station, is present and has filed affidavit tendering unconditional apology. The Court is not satisfied with the explanation and the investigating officer has to be more careful and vigilant in future and if any negligent approach is shown in future, the Court will take serious view of the matter.
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NEUTRAL CITATION R/CR.MA/20292/2021 ORDER DATED: 02/11/2023 undefined
3. Learned APP also tendered copy of the report prepared by the concerned investigating officer whereby it is submitted that the chargesheet is filed against the accused including the present applicant, four similar offences under the provisions of Gujarat Protection of Interest of Depositors Act and Indian Penal Code are registered against the applicant. Considering the role of the applicants who are the directors of the Yashworld Products Private Limited and in collusion of the other accused persons, prima facie, they have committed offence as alleged in the FIR and during the course of investigation, some material is found against the present accused persons.
4. Learned advocate for the respondent Mr.Darji appearing for the complainant has submitted that now since the chargesheet is filed in the matter and in view of the recent judgment of the Hon'ble Apex Court in the case of Iqbal V/s State of U.P. reported in 2023(8) SCC 734. the Court should not entertain the petition under Article 226 of the Constitution of India or Section 482 of the Criminal Procedure Code, and in such case, the applicants should be relegated to file appropriate application including discharge application.
5. Considering the same and considering the material Page 2 of 3 Downloaded on : Fri Nov 03 20:44:45 IST 2023 NEUTRAL CITATION R/CR.MA/20292/2021 ORDER DATED: 02/11/2023 undefined available on the record, when, prima facie there is sufficient material against the present applicants, no case is made out to scuttle the proceeding at this stage. Accordingly, this application is dismissed.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Downloaded on : Fri Nov 03 20:44:45 IST 2023