Savan Thakarshibhai Kheni vs State Of Gujarat
2023 Latest Caselaw 8035 Guj

                                                                                            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.

NEUTRAL CITATION

R/CR.MA/20292/2021 ORDER DATED: 02/11/2023

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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

NEUTRAL CITATION

R/CR.MA/20292/2021 ORDER DATED: 02/11/2023

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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