INDUBHAI GIRDHARLAL SHETH CHAIRMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicants-original accused nos. 1 to 3 to quash and set aside the impugned Complaint, being Criminal Case No. 2458/2000 pending in the Court of learned Judicial Magistrate First Class, Godhra qua the applicants.

(2.) IT appears that respondent no. 2-original complainant has file the impugned Complaint/Criminal Case against the applicants for the offence punishable under Sections 193, 196, 197, 198, 199, 200, 465, 466, 468, 469 and 471 of the Indian Penal Code and the learned Magistrate has issued process/summons against the applicants for the aforesaid offences. Being aggrieved and dissatisfied with the above, the applicants-original accused nos. 1 to 3 have preferred the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure.

(3.) IN view of the above, the learned advocates appearing on behalf of the respective parties have relied upon the decisions of the Hon'ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab reported in 2008(4) SCC 582; in the case of Nikhil Merchant Vs. Central Bureau of INvestigation and Anr reported in 2009 (1) GLH 31 as well as in the case of Manoj Sharma Vs. State and Ors reported in 2009 (1) GLH 190 and have requested to quash and set aside the proceedings against the applicants in exercise of powers under Section 482 of the Code of Criminal Procedure.