KHATRI SURENDRAKUMAR KANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Addl. Public Prosecutor, Mr.L.R.Pujari and learned advocate, Mr.Anip Gandhi, waive service of rule on behalf of the respondent Nos.1 and 2 respectively.

(2.) THE present application under Sec.482 of the Code of Criminal Procedure has been filed for quashing and setting aside the impugned judgment and order dated 7.12.2010 passed by the learned Principal Sessions Judge, Mehsana in Criminal Appeal No.91 of 2009 and order dated 29.7.2009 passed by the learned JMFC, Mehsana below Exh.3 in Criminal Case No.5635 of 2006.

(3.) THE Apex Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in (2008)4 Supreme Court Cases page 582 has observed as under in paras 5 and 7 of the judgment: