SURESHBHAI MULJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners-original accused for quashing the complaint being Criminal Case No.1396 of 2006 registered in the Court of learned Judicial Magistrate (First Class), Valod, Dist. Surat and the order issuing process.

(2.) THE case in short is that a private criminal complaint was filed by the respondent No.2-original complainant in the Court of learned Judicial Magistrate (First Class), Valod registered as Criminal Case No.1396 of 2006 wherein process was issued by the learned Magistrate by passing order under Sec.202 of Cr.P.C. against the petitioners on 5-9-2007. When the said order was challenged by the petitioners by way of preferring Criminal Revision Application No.7 of 2007 before the Sessions Court, Surat at Vyara, it was rejected by the learned Addl. Sessions Judge, Vyara. Hence, the present petition for quashing the said order as well as for quashing the impugned complaint.

(3.) MR.Pujari, learned APP for the respondent No.1-State has submitted that the complaint does disclose the prima facie ingredients of offence alleged against the petitioners and hence, complaint cannot be quashed.