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SCR.A/809/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 809 of 2009
=========================================================
MOHMAD
JIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
NANAVATY
ADVOCATES for
Applicant(s) : 1,
MS CM SHAH, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/01/2010
ORAL
ORDER
Petitioner
seeks quashing of complaint at Annexure A. In the complaint, the
complainant has made allegations against the petitioner and other
co-accused of committing offence punishable under sections 147, 148,
149, 307, 324 and 323 of the Indian Penal Code read with section 135
of the Bombay Police Act. Petitioner’s case was separated from rest
of the accused and the trial was conducted against other accused and
those accused were acquitted since the witnesses had turned hostile.
The petitioner, therefore wants the present complaint to be quashed.
Conclusion
of the Court would depend on the nature of evidence as brought on
record. Simply because in case of other accused there is a finding of
acquittal, without trial the present proceedings cannot be quashed.
The petition is therefore dismissed.
(Akil
Kureshi, J.)
(vjn)
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