P E SAROJINI AMMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused to quash and set aside impugned Criminal Case No. 59/2002 pending in the Court of Additional Chief Metropolitan Magistrate, Ahmedabad.

(2.) THE facts leading to the present Criminal Miscellaneous Application in a nutshell are as under;

(3.) HAVING heard the learned advocates appearing on behalf of the respective parties, at the outset, it is required to be noted that the impugned Criminal Complaint against the applicant is for the offence punishable under Section 630 of the Companies Act for not vacating the quarter allotted to the applicant while she was in service and alleging interalia that the applicant is in illegal and unauthorised occupation and possession of the quarter allotted by respondent no. 2-Company. However, it is to be noted that there is an order of status-quo with respect to the quarter granted by the learned Labour Court, which has been confirmed up to the Division Bench of this Court. Considering the aforesaid facts and circumstances of the case, it cannot be said that the applicant is in illegal and/or unauthorised occupation and possession of the quarter in question as the applicant is protected by the interim order by a Competent Court confirmed up to the Division Bench. Under the circumstances, to continue the criminal proceedings against the applicant for the same would be abuse of process of law and/or Court and/or it can be said that as on today the applicant is said to have committed the offence under Section 630 of the Companies Act.