2016 (10) TMI 751

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....plicants are the accused (No.23 and 27, respectively) and apprehend their arrest in connection with C.R.- I No.04 of 2016 registered with the C.I.D. Crime, Ahmedabad Zone Police Station, Ahmedabad for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 474 and 120(B) of the Indian Penal Code and Sections 85(1)(b)(c) (e)(f)(g), 85(2)(g), 85(4) and 85(6) of the Gujarat Value Added Tax Act, 2003. 3. Mr. Unwala, learned advocate for the applicant of Criminal Misc. Application No.24697 of 2016 (the accused No.23) and Mr. Shalin Mehta, learned senior advocate for the applicant of Criminal Misc. Application No.18706 of 2016 (the accused No.27) have taken this Court through the narration in the complaint - line-by-line and other....

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.... view to arm twist the accused, the provisions of the Indian Penal Code are invoked. 5. Mr. Mehta, learned senior advocate for the applicant of Criminal Misc. Application No.18706 of 2016 has submitted that, the said applicant is a Chartered Accountant. He had, before years, professionally helped somebody to get TIN number and only with a view to see that the investigating agency can show that they are running after some persons, the applicant is being hounded. It is submitted that the applicant be protected. 6. On the other hand, Mr. Amin, learned Public Prosecutor and Mr. Rutvij Oza, learned Special Public Prosecutor have vehemently opposed these applications. Learned Public Prosecutor has submitted that, the investigation is large ....

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.....07.2016, an unmistakable picture emerges that the custodial interrogation of none of these two applicants would be required. One of the applicants is a Chartered Accountant. So far the second applicant (of Criminal Misc. Application No.24697 of 2016) is concerned, sufficient safeguards are provided by the Division Bench of this Court in Special Civil Application No.7750 of 2016 vide order dated 11.08.2016. 9. Since the scope of these applications is grant / refusal of protection to these two applicants, wider issues are not gone into by this Court. It is left only by observing that - on one hand, there is very serious narration in the complaint against the Company viz. Dharmpal Satyapal Ltd., quantifying the alleged fraud to the tune of....