PARSHOTTAMBHAI ODHAVJIBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this petition filed under section 482 of the Code of Criminal Procedure, the petitioner has prayed to quash and set aside the order passed by the learned Judicial Magistrate First Class, Jasdan in N.C. Case No.29 of 2014 dated 10.12.2015 whereby the offence under section 171E of the Indian Penal Code was registered against the petitioner and summons was ordered to be issued.

(2.) The facts in brief are as under;

(3.) Mr. Rajesh Gidiya, learned advocate for the petitioner, submitted that the petitioner herein was nominated as one of the star campaigners for the purpose of campaigning for BJP candidates for the Bye-Elections to the Gujarat Legislative Assembly scheduled on 30.04.2014. For the purpose of campaigning, the petitioner had reached Jasdan, District Rajkot, during which time, the petitioner was carrying the suitcase containing cash to the tune of Rs.2.75 Lacs. After carrying out necessary investigation, the investigating officer filed report stating that no offence under section 171E of IPC was made out against the petitioner. During the course of investigation, the statements of the security personnel, who had accompanied the petitioner to the trip and also of the son of the petitioner - Divyesh Parsottambhai Solanki, were recorded. It was submitted that the cash amount belonged to the son of the petitioner, named Divyesh Parsottambhai Solanki and that to substantiate such claim, the relevant bank statement of the son of the petitioner was also produced before the investigating officer. It was, accordingly, urged that the Court below seriously erred in directing registration of complaint under section 171E of IPC.