STATE OF GUJARAT Vs. SURENDRABHAI @ S P PANCHABHAI PATEL
LAWS(GJH)-2008-3-208
HIGH COURT OF GUJARAT
Decided on March 03,2008

STATE OF GUJARAT Appellant
VERSUS
Surendrabhai @ S P Panchabhai Patel Respondents

JUDGEMENT

- (1.) BY filing this Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the petitioner -State has challenged the common order dated 10.07.1998 passed by the learned Additional Principal Judge, Court No.2, City Sessions Court, Ahmedabad, below applications, Exhibits 2, 4, 9, 13 and 14, in Sessions Case No.31 of 1998, discharging the respondents herein.
(2.) ONE Mr.Dilipkumar Shantilal Jhaveri, a Cashier of Bank of Baroda, Kalupur Branch, Ahmedabad, lodged a complaint before Kalupur Police Station, Ahmedabad, for the offences punishable under Section 489 -B of the Indian Penal Code. The complaint was registered as I -C.R.No.410 of 1994 on 14.12.1994 and the investigation was started. At the end of investigation, the charge -sheet came to be filed for the aforesaid offence in the Court of learned Metropolitan Magistrate, Ahmedabad. Thereafter, the case was committed to the Sessions Court and it was registered as Sessions Case No.31 of 1998. The respondents gave applications for discharge under Section 227 of the Code in the trial Court.
(3.) AFTER hearing the learned advocates for the respondents -accused and the learned Additional Public Prosecutor, the trial Court allowed the aforesaid applications and discharged the respondents -accused. Being aggrieved by the said decision, the State has preferred this Revision Application. I have heard Mr.K.C.Shah, learned Additional Public Prosecutor for the petitioner -State and Mr.A.M. Parekh, learned advocate for the respondent Nos.5 to 7. The Board indicates that rule is served to the respondent Nos.1 to 4 and 8 to 11, but none has appeared.;


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