DIPAKBHAI L PATEL Vs. FIROJ RUSTAMJI BHADRA

JUDGEMENT

(1.) The short facts of this case appears to be that the respondent no. 1 filed private complaint before the learned Chief Judicial Magistrate, Navsari against the petitioner, who was at the relevant point of time, the Manager of Bank of India, Vijalpore Branch, and the petitioner was holding the post of Cashier In-charge of the Bank. The accusation in the complaint is that the petitioner had proceeded on leave and thereafter he wanted to assume the duty but the same was not permitted by the Manager of the Bank without production of the medical fitness certificate. As per the complainant, production of medical certificate was not required but the Manager insisted for such certificate and as stated in the complaint, he insisted under the instructions of the higher authority. Therefore, as per the complainant, he was wrongfully restrained, therefore, the offence under sec. 341 of IPC was committed by the petitioner -accused hence, the complaint was filed.

(2.) Learned Magistrate directed for holding the inquiry under sec. 202 of CrPC through police and the report thereafter was submitted before the learned Magistrate. After considering the report, the learned Magistrate found that prima-facie offence was not committed, therefore, he dismissed the complaint. The matter was carried in revision by the ori. Complainant respondent no. 1 herein before the learned Sessions Judge being Criminal Revision Application No. 41/1998 and the learned Sessions Judge ultimately, vide judgment and order dated 27.12.2001 had set aside the order of the learned Magistrate and directed to take cognizance of the offence. Therefore, the learned Magistrate has, thereafter, issued process upon the complaint to the petitioner as accused. Under this circumstances, the present petition before this Court for quashing of the complaint under sec. 482 of CrPC.

(3.) Heard Mr. Pranav Mehta for Nanavati Advocates for the petitioner, Mr JB Pardiwala learned advocate for respondent no. 1 and Mr KP Raval learned APP for the State.