Rahim Shaikh Mohammed Pinjari vs State Of Gujarat

1. By way of the present petitions, the petitioners of each petition have prayed for the following relief:-

"13(b). To quash and set aside the impugned FIR being I-C.R. No.239/2018 registered with Rander police station, Surat qua the petitioners herein and chargesheet bearing no.162 of 2018 dated 30.11.2018 filed before the 10th Addl. Civil Judge & J.M.F.C., Surat and also, to quash and set aside proceedings arising out of Criminal Case No.64430 of 2018 pending before the 10th Addl. Civil Judge & J.M.F.C., Surat qua the petitioners herein."

2. It appears that the chargesheet is filed in the matters and no charge is framed.

3. Having heard submissions made at bar and considering the averments made in the present petitions, no case is made out to entertain the present petitions without availing alternate remedy to file discharge application. Therefore, the present Page 1 of 2 Downloaded on : Thu Jan 09 22:17:20 IST 2020 R/SCR.A/3305/2019 ORDER petitions are not entertained at this stage. However, the petitioners are at liberty to file discharge application and also to file appropriate proceedings either u/s 397 or 482 of the Code of Criminal Procedure, 1973 before appropriate competent Court, after remedy to file discharge application is availed.

4. It is clarified that this Court has not examined the merits of the present petitions.

5. Accordingly, present petitions stand disposed of.

(S.H.VORA, J) Hitesh Page 2 of 2 Downloaded on : Thu Jan 09 22:17:20 IST 2020