PRAGNESH HARIPRASAD PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure, 1973, seeks to quash and set aside FIR lodged by the respondent No.2-complainant against the petitioners being C.R.No.I-117 of 2011 registered before Sola Police Station, Ahmedabad, for the offences punishable under Sections 191, 192, 193, 195, 196, 463, 464, 465, 466, 467, 468, 471, 477(A) and 120 of Indian Penal Code.

(2.) The facts in short arising from the present petition are that a complaint was filed by the respondent No.2-complainant alleging inter alia that the petitioners produced a concocted and forged type copy of FIR being C.R.No.I-139 of 2007 in the proceedings of Cri.Misc.Application Nos.3436 to 3438 of 2007 filed before the City Sessions Court at Ahmedabad by the present petitioner Nos.1 to 3 for anticipatory bail in connection with FIR being C.R.No.I-139 of 2007 registered with Navrangpura Police Station and also in Cri.Misc.Appln.No.771 of 2008 filed before this Court by the petitioner Nos.1 to 3 for quashing of said FIR and their advocate certified it as true copy. This Court (Coram: Ms.Justice H.N.Devani) vide order dated 23-1-2008 issued rule and granted interim relief. Mr.Ashok G.Hurra, husband of the present respondent No.2, thereafter preferred Cri.Misc.Appln.No.1573 of 2009 in Cri.Misc.Appln.No.771 of 2008 praying to punish the guilty persons and learned advocate who filed the petition with typed copy of FIR marked and signed as 'true copy' and placed on record of Cri.Misc.Appln.No.771 of 2008 and directing the Registrar General to file complaint before the Magistrate for initiation of prosecution against guilty persons. It was also prayed therein to vacate the interim relief granted in Cri.Misc.Appln.No.771 of 2008. However, this Court (Coram: Mr.Justice Anant S.Dave) vide order dated 10-2-2009 rejected the said application. He thereafter preferred Cri.Misc.Appln.No.12532 of 2009 in Cri.Misc.Appln.No.771 of 2008 for vacating the interim relief granted in Cri.Misc.Appln.No.771 of 2008. However, the said application was disposed of as withdrawn by this Court (Coram: Mr.Justice Akil Kureshi) vide order dated 16-12-2009. Meanwhile, order dated 23-1-2008 passed by this Court in Cri.Misc.Appln.No.771 of 2008 was carried before the Hon'ble Supreme Court by way of Special Leave Petition No.5315 of 2009. The Hon'ble Supreme Court vide order dated 26-4-2010 vacated the stay against investigation granted by this Court on 23-1-2008 in Cri.Misc.Appln.No.771 of 2008. He also filed Criminal complaints against the petitioners being Sessions Case Nos.4 to 6 of 2010 and they are pending before the Sessions Court. He also filed Cri.Misc.Appln.No.3969 to 3971 of 2007 in the anticipatory bail applications. However, said applications were rejected by the learned City Sessions Judge as Sessions Case Nos.4 to 6 of 2010 are already registered and are pending. He also filed Special Criminal Appln.No.2088 of 2010 before this Court for transfer of investigation of C.R.No.I-139 of 2007 from CID (Crime) to CBI. Since due to pendency of said petition before this Court, summary report of Investigating Officer, which was sanctioned by the higher authorities, was not submitted before learned Magistrate but it was submitted to this Court in sealed cover. Although the said petition was pending before this Court, the respondent No.2-complainant approached the Director General of Police for transfer of investigation and it was transferred from CID (Crime) to CID (Economic Offence Wing) without the leave of this Court. DGP also directed for institution of fresh FIR with regard to alleged alterations and fabrications of FIR of C.R.No.I-139 of 2007, if found necessary. This is challenged by the petitioner No.1 before this Court by filing Special Criminal Application No.365 of 2011. In spite of the fact that the said petition is pending before this Court, the present complaint is filed by the complainant without leave of the Court and to harass the petitioners. Hence, the present petition for quashing of the said FIR.

(3.) When the matter is listed for admission hearing the previous day, learned Senior Counsel, Mr.S.V.Raju appeared with Mr.D.K.Puj on behalf of the petitioners, learned Addl.Public Prosecutor, Mr.L.R.Pujari on behalf of the respondent No.1-State and learned Senior Counsel, Mr.Y.N.Oza, on behalf of the respondent No.2-complainant and they were heard on the point of admission as also on grant of interim relief.