BHANIBEN MAHADEVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRI.Misc.Appln.No.1345 of 2011 under Section 482 of the Code of CRIminal Procedure has been filed by the petitioners-original accused for quashing of FIR registered as C.R.No.I-2 of 2011 at Bhabhar Police Station, Dist. Banaskantha. Spl. CRI.Appln.No.149 of 2011 has been taken out by the complainant of said complaint for handing over investigation of said CRIme Register Number to CBI and/or CID, CRIme and/or Dy.S.P. of S.T. and S.C. Cell.

(2.) AS both the petitions arise out of the same facts and parties thereto are also the same, they were heard together and are being decided by this common judgment.

(3.) IT is mainly submitted by Mr.V.N.Nagesh for the petitioners-accused that a false and frivolous complaint has been filed against the accused. IT is further submitted that the complainant is in habit of making false complaint against innocent persons and thereafter seeking to compromise the matter on receipt of money. IT is further submitted that the complainant has filed such complaints against the Government Officers including Mamlatdar, Taluka Development Officer and other staff. IT is further submitted that even if the allegations made in the entire complaint are accepted in its entirety, then also, no prudent man would believe the same as they are not sufficient to constitute any offence alleged. IT is further submitted that the complaint has been filed by the complainant to take vengeance on the accused due to political rivalry and in past also, petitioners Nos.1 and 2 were involved in false complaint in which they were acquitted by the court. As the complaint in question does not even remotely connect the petitioners with the offence alleged, it is requested that the complaint may be quashed and set aside.