APOORVA L SANGHVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application has been filed by the petitioner-original accused No.4 for quashing and setting aside the order dated 11.7.2005 passed by the learned Judicial Magistrate First Class, Morbi in Criminal Case No.1545 of 2003 by which the learned Magistrate has rejected the application for discharge submitted by the present petitioner under Section 239 and 245 of the Code of Criminal Procedure. THE petitioner has also prayed to quash and set aside the chargesheet dated 26.7.2003 filed against the present petitioner.

(2.) THE brief facts giving rise to this application are as under:

(3.) IT is submitted by learned advocate Mr.Chudasma for the original complainant that when the trial court has come to the conclusion that the prima facie accused is involved in the crime then this Court should not interfere with the order passed by the trial court as the accused will get all opportunity during the trial, and if prosecution is failed to prove the case then the accused should be acquitted. IT is also submitted that no prejudice would be caused to the accused by rejecting the said application as the accused will get full opportunity before the trial court for cross-examination of the witnesses as well as to lead the evidence. IT is also submitted that no error is committed by the trial court and hence this application deserves to be dismissed.