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SCR.A/71/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 71 of 2008
==========================================
MOHAMMED
MUNAF BILAL MEMON - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
==========================================
Appearance
:
MR VIRENDRA
BAHETI for Applicant(s) : 1,
Ms Falguni Patel
Addl. PUBLIC PROSECUTOR for Respondent(s) : 1,
MR MA KHARADI for
Respondent(s) : 2,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/08/2008
ORAL
ORDER
1. This
application is filed by the petitioner under section 482 of the Code
of Criminal Procedure, 1973 to quash and set aside the complaint
being II C.R No. 3 of 2008 filed at Bardoli Police Station under
section 323, 504 and 506(2) of IPC.
2. A
bare perusal of the FIR do reveal the ingredients of the offences
under section 323, 504 and 506(2) of the Indian Penal Code. That
the marriage which took place subsequently cannot wipe out the above
offence which needs to be investigated. So far as the certificate of
marriage or the affidavit of the concerned person cannot be looked
into at this stage. No case is made out to exercise extraordinary
power under section 482 of the Code. This application is rejected
and disposed of accordingly.
(Anant
S. Dave,J.)
mary//
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