VAIBHAV BIPINBHAI TAMBOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Mahesh Jethmalani with learned Advocate Mr. A.C. Choksi and learned Advocate Mr. B.B. Choksi for the applicants, learned APP Ms. M.D. Mehta for the respondent-State. Learned Senior Advocate Mr.I.H. Syed with learned Advocate Mr. Rahil Jain have requested permission to be heard on behalf of the victim, who is not joined as a party herein. At this stage it is clarified that the victim/complainant is not named in the order to respect her privacy. It is further clarified that the term victim is used for the sake of convenience and it may not be construed otherwise.

(2.) By way of this application the applicants pray for quashing and setting aside the impugned judgment dated 16.03.2021 passed by the learned 6th Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.16 of 2021 whereby the order passed by the learned 3rd Additional Chief Judicial Magistrate, Bhavnagar dated 02.03.2021 rejecting addition of Sections in an FIR lodged against the applicants has been rejected.

(3.) It appears that applicant No.1 is Director of M/s. Tamboli Casting Limited, a company located at Vartej, District Bhavnagar, whereas applicant No.2 is Chairman of the company and father of applicant No.1. That victim an ex-employee of the company who was working in a position of Assistant Manager, Exports and was a Venezuelan citizen had registered a complaint on the E-portal of the State CID Crime, Gandhinagar alleging offence of rape and assault by the applicant No.1 on 30.12.2020. Later, the said victim filed a complaint/application in physical form with the State CID Crime, Gandhinagar on 04.01.2021. The said victim had thereafter registered an FIR on 19.01.2021 against the applicants herein being C.R. No. 11198067210046 of 2021 before the Vartej Police Station, District Bhavnangar for the offence punishable under Sections 354-C of the Indian Penal Code (for short "IPC") and Sections 67 and 67A of the Information and Technology Act, 2000 (for short "the IT Act").