AADITYA EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners-original accused nos. 1, 2, 5, 8 and 13 to quash and set aside the impugned complaint being Criminal Case No.4797 of 2009 pending in the Court of learned JMFC, Vadodara as well as the order passed by the learned Magistrate dated 30.7.2009 directing to issue summons against the petitioners for the offences punishable under Sections 406, 420, 418, 506(1), 506(2), 423, 120, 120(B) and 202 of the Indian Penal Code.

(2.) RESPONDENT no.2 herein-original complainant had lodged the impugned complaint being Criminal Case No.4797 of 2009 pending in the Court of learned JMFC, Vadodara against the petitioners and others for the offences punishable under Sections 406, 420, 418, 506(1), 506(2), 423, 120, 120(B) and 202 of the Indian Penal Code alleging inter alia that despite the accused persons accepted the fees for imparting the education / syllabus as prescribed by the Kangaroo Kids Education Ltd, the accused persons stopped imparting education in the curriculum of the Kangaroo Kids Education Ltd and when the meeting of the parents was called they were given threats and therefore, it is alleged that accused persons have committed the offences as alleged.

(3.) SHRI B.S. Patel, learned advocate for the respondent no.2- original complainant is not in a position to satisfy the Court how the case is made out against the accused persons for the offence under Sections 406, 420, 423, 418, 202 of the Indian Penal Code as well as under Section 120 and 120-B of the Indian Penal Code. Therefore, he has fairly conceded that no prima facie case is made out against the applicants for the offence punishable under Sections 406, 420, 423, 418 and 202 of the Indian Penal Code. However, has requested that if this Court is inclined to quash and set aside impugned criminal complaint against the petitioners for the aforesaid offence and / or to quash and set aside the order passed by the learned Magistrate directing to issue summons against the petitioners for the offence punishable under Sections 406, 420, 423, 418 and 202 of the Indian Penal Code, in that case, it may be observed that the same shall be in the facts and circumstances of the case and without prejudice to the rights and contention of the respective parties in the pending proceedings. SHRI B.S. Patel, learned advocate for the complainant does not invite any further reasoned order as other proceedings are pending between the parties before the appropriate Court.