SHAKIB GANIBHAI VAHORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India and under section 482 of Code of Criminal Procedure, 1973 ('the Cr.P.C.' hereinafter) is filed by seven petitioners, who are arraigned as accused in Cr. No. I 216 of 2006 Mahemdabad Police Station. The petition is filed for quashing and setting aside the said FIR as well as order of issuance of process dated 08.01.2008 by J.M.F.C. Mahemdabad and order dated 09.06.2008 passed by 3rd Fast Track Court, Nadiad in Criminal Revision Application No.46 of 2008.

(2.) The facts in brief are as under:

(3.) Learned advocate Mr. Bhargav Bhatt on behalf of the respondent no.2 in support of his preliminary objection submitted that Rule 35 of the Gujarat High Court Rules requires that as and when an appeal or an application or other proceedings are presented by or on behalf of a person acting as a power of attorney on behalf of the party before the Court, the power of attorney has to be produced at the time of presentation and a certified copy of such power of attorney is required to be filed with such appeal, application or proceedings. It is submitted that in the instant case no such power of attorney is produced along with the application, he therefore submitted that initiation of proceedings itself is faulty and such proceedings cannot proceed any further.