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Babubhai Manibhai Patel & vs State Of Gujarat &

High Court Of Gujarat|06 December, 2012

JUDGMENT / ORDER

Heard Mr. Raju, learned Senior Counsel, for the applicants and Mr. Kodekar, learned APP, for the respondent - State.
Mr. Raju, learned Senior Counsel for the applicants, has submitted that the applicants herein joined the partnership firm on 22.6.2011 whereas the alleged payments have been made in April, 2011 and May, 2011 by the complainant and that therefore, the applicants could not have been involved in the alleged offence. He also submitted that subsequently in the affidavit filed by the Investigating Officer, names of the applicants have been mentioned and though the applicants' names do not appear in the FIR, the I.O. has mentioned their names in the affidavit filed before the learned Trial Court.
Having regard to the submissions made by Mr. Raju, learned Senior Counsel for the applicants and Mr. Kodekar, learned APP, for the respondent - State, issue notice returnable on 27.12.2012. Mr. Kodekar, learned APP, waives service of notice for the respondent - State.
Until the returnable date, ad-interim relief in terms of para 8b is granted only qua the applicants.
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Title

Babubhai Manibhai Patel & vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
06 December, 2012