Navrozbhai @ Nooruddin Badruddinbhai ... vs State Of Gujarat on 12 January, 2021

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Gujarat High Court

Navrozbhai @ Nooruddin Badruddinbhai ... vs State Of Gujarat on 12 January, 2021

Bench: B.N. Karia

       R/CR.MA/15973/2020                                 ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO. 15973 of 2020

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      NAVROZBHAI @ NOORUDDIN BADRUDDINBHAI CHUNARA
                          Versus
                    STATE OF GUJARAT
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Appearance:
MR. HARDIK DAVE FOR MR PAWAN A BAROT(6455) for the Applicant(s)
No. 1
NOTICE SERVED THRU CONCERNED POLICE STN for the Respondent(s)
No. 2
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 12/01/2021

                             ORAL ORDER

By way of present application, applicant has prayed to quash and set aside the FIR being (II) C.R. No.11190002202627 of 2020 registered with Botad Police Station, DistBotad for the offence punishable under Sections 504, 506(2), 507 and 114 of the Indian Penal Code and Section 33(a)(b) of Money Lenders Act and requested to stay further proceedings thereof qua the present applicant.

Heard learned advocate for the applicant.

Learned advocate for the applicant submits that due to false initiation of the criminal proceedings; by misusing the criminal machinery; with malafide intention and by doing abuse of process Page 1 of 2 Downloaded on : Thu Jan 14 00:00:28 IST 2021 R/CR.MA/15973/2020 ORDER of law, complainant managed to register false and fabricated complaint before the Botad Police Station. That present applicant is having no direct or indirect money transaction with the present respondent No.2 i.e. original complainant. That applicant is having business of kitchen work store and earning for his livelihood and he is not in a capacity to lend anything to anyone. That applicant is falsely dragged into the alleged offence with a malafide intention to settle the amount by arraigning as many as persons in the offence.

Issue requires consideration.

Rule returnable on 04.02.2021. Learned APP waives service of notice of rule for and on behalf of respondentState.

No chargesheet shall be filed by the Investigating Officer qua the present applicant without prior permission of the Court.

Registry is directed to send a copy of this order to the concerned police station through fax or email forthwith.

(B.N. KARIA, J) SUYASH Page 2 of 2 Downloaded on : Thu Jan 14 00:00:28 IST 2021

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