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CR.MA/11740/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11740 of 2009
=========================================================
GOPALBHAI
POPATBHAI BHUVA - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RITURAJ M MEENA for
Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) : 1 - 2,
MR
YN RAVANI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 24/02/2010
ORAL
ORDER
Rule.
Learned APP Mr. R.C. Kodekar
waives service of Rule for respondent Nos.1 and 2 and learned
advocate Mr. Y.N. Ravani waives service of Rule for respondent No.3.
Heard
learned advocates for the parties.
Counsel
for the petitioner submitted that Central Bureau of Investigation
filed a complaint dated 01.09.2009 alleging offences punishable under
sections 420, 468, 471 etc. of
Indian Penal Code as well as section 13 of the Prevention of
Corruption Act. Subsequently, State also filed a complaint before
the Gondal Police Station on 17.09.2009 with respect to the very same
incident on the basis of same allegations involving the similar legal
provisions. He, therefore, submitted that subsequent complaint would
only result into harassment and prejudice to the petitioner.
Learned
advocates for the respondents do not dispute above factual aspects.
In that view of the matter, when complaint filed by Central Bureau of
Investigation is already on record, there would be no useful purpose
in permitting the investigation into subsequent State complaint.
Complaint dated 17.09.2009 filed before the Gondal Police Station is,
therefore, quashed. Rule is made absolute.
(Akil
Kureshi, J.)
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