LAWS(GJH)-2023-6-658

PRAMOD RAMA TANDEL Vs. STATE OF GUJARAT

Decided On June 13, 2023
Pramod Rama Tandel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present application, the applicant has challenged the impugned orders dtd. 12/4/2017 passed by the learned Judicial Magistrate, First Class, Navsari in connection with the FIR being CR-III No.927 of 2009 registered with the Jalalpore Police Station, Navsari as well as also the warrant under Sec. 70 of the Code of Criminal Procedure, 1973 dtd. 7/8/2010.

(2.) The brief facts of the case of the applicant are epitomized as under : The applicant, along with his partners, is running a registered licensed liquor shop at Diu-Daman since long. The impugned FIR being CR-III No.927 of 2009 is lodged initially against the other accused persons for the offences under the Prohibition Act before the Jalalpore Police Station, District : Navsari. Charge-sheet is also filed on 17/10/2009 before the competent Court at Navsari. Thereafter, one supplementary charge-sheet came to be filed by the investigating officer, wherein the name of the applicant is shown and it is shown as an absconder. Without any attempt of arresting the applicant, a warrant under Sec. 70 of the Code of Criminal Procedure, 1973 was issued. The applicant was never served with the notice of any authority or any Court, though the applicant was residing at the address with his family throughout. Thereafter, the investigating officer moved an application under Sec. 82 of the Code and the same was also granted by the learned trial Court. The accused shown in the FIR initially were tried and acquitted by the learned competent Criminal Court. It is these proceedings under Sec. 70 - warrant as well as under Sec. 82 of the Code of Criminal Procedure, 1973 which are challenged by the applicant before this Court in this application.

(3.) Heard learned advocates. 3.1 Rule. Learned APP waives service of notice of rule on behalf of the State.