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State of Gujarat vs. Afroz Mohammed Hasanfatta – (SC)

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Code of Criminal Procedure, 1973–Secs. 190(1)(b) & 204–Penal Code, 1860–Secs. 465, 467, 468, 471, 477-A & 120-B–Order of taking cognizance and issuance of process–Set aside by High Court–Justification–View of High Court that there is no material to point out any connection of respondent-accused with alleged offence–Single judge proceeded under the footing as it was a simple case of presenting the forged bills–Complex economic case of foreign exchange–Prima facie the respondent-accused participated in the collection of money and acted as a facilitator for the illegal transfer of cash to abroad–Held, Single Judge was not justified in examining the merits and demerits of case and substituting it’s own view–Order passed by Magistrate restored.