Dilipbhai Piyushkumar Vaghela vs Yashwantsinh Shankarsinh ...
2023 Latest Caselaw 6606 Guj

                                                                                                 NEUTRAL CITATION




      R/SCR.A/5346/2018                                           ORDER DATED: 08/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 5346 of 2018

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                  DILIPBHAI PIYUSHKUMAR VAGHELA
                                Versus
            YASHWANTSINH SHANKARSINH CHAUHAN & 2 other(s)
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR PINAKIN B RAVAL(3468) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
MR CHINTAN DAVE, APP for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                       Date : 08/09/2023
                                        ORAL ORDER

1. This petition is filed with a prayer to issue a writ of

certiorari or writ in the nature of certiorari or any other

appropriate writ, order or direction to quash and set aside

the impugned order passed by the learned Judicial

Magistrate, First Class, Vadodara in the complaint-Inquiry No.938 of 2013 dated 22/2/2017 (Annexure-A) and further be

pleased to quash and set aside the impugned order passed by

the learned 8 th Additional Sessions Judge, Vadodara, in

Criminal Revision Application No.101 of 2017 dated

21/12/2017 (Annexure-B).

2. Heard learned advocate for the petitioner and learned

APP for the respondent-State and perused the material placed

on record.

NEUTRAL CITATION

R/SCR.A/5346/2018 ORDER DATED: 08/09/2023

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3. Considering the reasoning given by the learned

revisional Court, more particularly, in paragraph 8 of the

judgment, wherein it is specifically observed that the

complaint is filed under Sections 500, 501, 502 and 114 of

the Indian Penal Code, which is dismissed under Section 203

of the Criminal Procedure Code by learned trial Court.

Moreover, during the pendency of revision application, present

petitioner has deleted the allegations made against

Yashwantsinh Shankarsinh Chauhan and Yashrajsinh

Yashwantsinh Chauhan. Considering this fact and considering

the concurrent finding of facts of both the lower Courts, I

am of the opinion that no case is made out to exercise the

powers under Articles 226 and 227 of the Constitution of

India. Accordingly, present petition is dismissed.

(SANDEEP N. BHATT,J) R.S. MALEK