BHARATBHAI RAYCHANDBHAI KHONA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ld. advocate, Mr. A.M. Parekh appearing for the petitioner has stated at Bar that the petitioner does not press for the prayer made vide para 5 (c) claiming to quash and set aside the order dated 22.9.97 passed below bail application of the petitioner. Leave to amend as prayed is granted.

(2.) Rule. Ld. APP, Miss B.R. Gajjar waives service of rule on behalf of respondents. With the consent of learned advocates for parties matter is taken up for final hearing. The petitioner has challenged the legality and propriety of the order passed by the Ld. Metropolitan Magistrate, Ahmedabad, Court No. 11 dated 22.9.97 produced vide page 20 of the paper book.

(3.) It appears from the record that DCB Police Inspector, L.H. Desai has given a report to Metropolitan Magistrate Court No. 11 vide Javak No. 3406/8 dated 22.9.97 declaring the fact that in the Crime register vide Cr. No. 0024/97 for the offences under Secs. 406, 420, 465, 468 -and 144 against the petitioner on the complaint of one Piyushbhai Tusharchandra Desai an additional charge under Sec. 467 IPC is added by the Investigation Officer, and he has also informed to the court the fact that during investigation certain documents have been seized and taken into custody as muddamal and such documents were forged passports and fake visas. That the Ld. Metropolitan Magistrate, Court No. 11, Ahmedabad has passed the order as under: "Recorded and kept with FIR, dated 22.9.1997."