CHETANBHAI JAYANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application emanates from the order dated 29.05.2006 passed by the Presiding Officer, 4th Fast Track Court, Surat in Criminal Revision Application No.113 of 2006, whereby the respondent Nos.2 to 5 - accused have been discharged for the offences punishable under Sections 406, 420, 422, 465, 504,506(2) and 120B of the Indian Penal Code, 1860 (for short "the IPC").

(2.) While admitting the matter vide order dated 14.03.2007, the present revision application has been confined to respondent Nos.3 and 4, i.e., Pradipkumar Shantilal Gandhi and Sureshkumar Shantilal Gandhi. The applicant had filed a complaint alleging offences punishable under Sections 406, 420, 422, 465, 504, 506(2) and 120B of the IPC against respondent Nos.2 to 5 as well as against Narendrabhai Lakdawala, Kiritbhai Patel and Jayantibhai Gandhi on 24.05.2004. An inquiry was ordered under Section 156(3) of the Criminal Procedure Code, 1973 (the Code) and accordingly, a chargesheet was filed and the same was numbered as M. Case No.5 of 2004. The same culminated into Criminal Case No.1267 of 2004.

(3.) It appears that the private respondents - accused filed an application below Exh.6 for discharging them from the aforesaid offences, which came to be rejected by the Judicial Magistrate, First Class, Mandvi by the order dated 31.03.2006. Against the aforesaid order, the private respondents preferred Criminal Revision Application No.113 of 2006, which came to be allowed by the judgment and order dated 29.05.2006, by the Presiding Officer, 4th Fast Track Court, Surat and discharged the respondents from the aforesaid offences. Being aggrieved, the applicant - complainant has filed the present application.