MOHAMMAD ALI YUNUS GENERAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant ? original accused to quash and set aside the impugned complaint/FIR being C.R. No.I-168/2010 registered with Athwa Lines Police Station.

(2.) RELYING upon the affidavit of his mother, applicant has prayed to quash the complaint by submitting that applicant has not committed any offence as alleged. On the basis of the affidavit of the witness, complaint/FIR cannot be quashed and set aside and the investigation of the FIR which prima facie discloses cognizable offence, which requires to be investigated by the concerned investigating officer cannot be stalled. However, it will be open for the mother of the applicant to give statement before the concerned investigating officer and concerned investigating officer is bound to consider the same in accordance with law, during the course of the investigation of FIR in question, in its true perspective. However, on the basis of the affidavit of mother who claims herself to be a witness, the impugned complaint or FIR cannot be quashed and set aside. Under the circumstances and with above observation, present application is dismissed.