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CR.MA/10317/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10317 of 2011
=========================================================
CHETANKUMAR
RAJUBHAI JOSHI & 4 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HARESH J TRIVEDI for
Applicant(s) : 1 - 5.
MR LB DABHI ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/07/2011
ORAL
ORDER
Present
petition under sec.482 of the Code of Criminal Procedure has been
preferred by the petitioners
– original accused to quash and set aside the proceedings of
Criminal Case No.111 of 2011, pending in the court of learned
Judicial Magistrate (First Class), Vav.
At
the outset, it is required to be noted that after conclusion of the
investigation by the concerned police officer, chargesheet has been
filed and the petitioners – original accused are chargesheeted for
the punishable under sections 498(A), 323, 504 and 114 of Indian
Penal Code as well as under
sections 3 and 7 of Dowry Prohibition Act.
Apart
from the above, even relevant chargesheet papers are also not
produced on record on the basis of which the petitioners are
chargesheeted.
In
view of the above, the petitioners have a remedy available
by way of submitting an application before the
learned trial court for discharge under
section 227 of the Code of Criminal Procedure
and the same can be considered by the learned trial court in
accordance with law and on merits and considering the chargesheet
papers the learned Magistrate would be in a position to appreciate
the evidences which are produced on record along with the
chargesheet, present petition is not entertained and is dismissed
with above liberty. As and when any discharge application is filed
by the petitioners the same
be considered in accordance with law and on merits without in any
way being influenced by the present order.
[M.R.
SHAH, J.]
rafik
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