Gujarat High Court
Rasiklal Shantilal Mardia & 7 vs State Of Gujarat & on 15 December, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5429/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5429 of 2014
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RASIKLAL SHANTILAL MARDIA & 7....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MRS SANGEETA N PAHWA, ADVOCATE for the Applicant(s) No. 1 - 8
MR DEVANG VYAS, ADVOCATE for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 15/12/2014
ORAL ORDER
1. Rule returnable forthwith. Mr. Dabhi, the learned APP waives service of notice of rule for and on behalf of the respondent No.1 State of Gujarat. Mr. Devang Vyas, the learned Assistant Solicitor General of India waives service of notice of rule for and on behalf of the respondent No.2 Union of India.
2. By this application, the petitioners original accused nos.2, to 5, 7, 9, 11 and 12 seek to challenge the order of process dated 17.02.2006 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No.17 of 2006 of the offence punishable under Section149(2A) r/w. Section629(A) of the Companies Act. I had the occasion to consider the issue raised in this petition while deciding Special Criminal Application No.811 of 2014 filed by a coaccused.
Page 1 of 2R/SCR.A/5429/2014 ORDER
3. This Court vide order dated 27.11.2014 allowed the petition of a coaccused and the proceedings of Criminal Case No.17 of 2006 pending in the Court of the learned Additional Chief Metropolitan Magistrate, Ahmedabad were ordered to be quashed. The order is annexed and marked as Annexure'B' to this petition at Page19.
4. For the selfsame reason assigned therein, this application is also allowed and consequently, the proceedings of Criminal Case No.17 of 2006 pending in the Court of the learned Additional Chief Metropolitan Magistrate, Ahmedabad are hereby ordered to be quashed, so far as the petitioners herein are concerned.
Rule is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.) aruna Page 2 of 2