AMARSINH KANAJI VANJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) The present application filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C.') challenges the order of rejection dtd. 29/3/2024 passed by the learned 6th Additional District and Sessions Judge, Ahmedabad [Rural] at Navrangpura in Criminal Miscellaneous Application No.4252 of 2023 whereby the applicant had preferred the application under Sec. 451 of the Cr.P.C. for release of the Excavator Machine (SANY Hydraulic Excavator Model) SY210C-9 Sr. No.20SEY021A99201 with Standard Machine and Tools in connection with First Information Report bearing No.11192064230236 of 2023 registered with Dholka Rural Police Station, Ahmedabad Rural.

(3.) The FIR being No.11192064230236 of 2023 registered with Dholka Rural Police Station, Ahmedabad Rural is under Ss. 379 and 114 of the Indian Penal Code (IPC), under Ss. 4 and 21 of the Mines and Minerals [Development and Regulation] Act, 1957 (Amended 2015) and under Rule No.3 and 21 of the Gujarat Mineral [Prevention of Illegal Mining Transportation and Storage] Rules, 2017.