MUKESH DOLATRAM HARJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I481 of 2010 registered with Makarpura Police Station, Vadodara for the offences u/s.302, 34, 120B and 201 of the Indian Penal Code, u/s.25(1)AA of Arms Act and u/s.135 of the Bombay Police Act.

(2.) AS per say of the applicant, he was arrested on 13.9.2011 for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 25(1)AA of the Arms Act and under Section 135(1) of the Bombay Police Act. After making sufficient efforts by the Investigating Officer agency has filed chargesheet on 8.12.2011 against seven accused including present applicant.

(3.) HEARD Mr.Y.S.Lakhani, learned Senior Advocate is appearing with Mr.Jay M. Thakkar, learned advocate for the applicant. He has contended that name of the present applicant is shown in the FIR mainly on the suspicion. The alleged incident occurred by use of fire arms. So far as present applicant is concerned, there is no recovery or discovery of any weapon and/or any incriminating substance found from the applicant.