PSI A B VATALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) to quash and set aside the complaint at Annexure 'A' being Criminal Case No. 1125 of 2003 pending before the Court of learned JMFC, Gandhinagar and summons/process issued therein under Sec-tion 504 of IPC qua the present petitioner.

(2.) The aforesaid complaint, being Criminal Case No.1125 of 2003, was instituted for the offences punishable under Sections 170,216(A), 218,219, 419, 420,455, 504, 506(2) and 114 read with Section 34 of IPC against total five accused persons. The petitioner herein is ac-cused No.4, against whom summons/process under Section 504 of IPC has been issued.

(3.) Learned Advocate Shri Hardik A Dave for the petitioner has pointed out facts stated in Para 4 of the petition and submitted that the peti-tioner is accused No.4 in the complaint filed by Girdharibhai Khataumal Chandak Respondent No.2 herein. The allegations made in the com-plaint dated 28.1.2003 against the presentpeti-tioner are with regard to use of abusive language after having called him (complainant) in the police station. On the basis of this complaint, the learned JMFC has passed an order for issu-ance of process under Section 504 of IPC against the petitioner "accused No.4. It is submitted that the averments made in Para 4 of the complaint do not constitute an offence under Section 504 of IPC. Learned advocate for the petitioner has referred to Section 504 of IPC and submitted that from the allegations made against the peti-tioner in the complaint, none of the ingredients are emerged so as to attract the requirement of Section 504 of IPC. However, the learned JMFC, Gandhinagar has issued process against the present petitioner/accused No.4. The learned Advocate for the petitioner made following sub-missions: