RUKSHANA ILIYAS PATEL Vs. SALIM MAHAMAD DUDHWALA

JUDGEMENT

(1.) This application has been filed under under Article 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure for quashing and setting aside the order dated 30.06.2018 below Exhibit-1, passed by the learned 3 rd Additional Judicial Magistrate, First Class, Bharuch in Criminal Inquiry No.95 of 2017 in the complaint filed by the respondent no.1 dated 20.09.2017 and order dated 07.05.2019 passed by the learned Sessions Judge, Bharuch in Criminal Revision Application No.63 of 2018 and further prayer to remand the matter back to the learned Magistrate to decide the same afresh.

(2.) Mr. Shakeel A.Qureshi learned advocate for the petitioners and Mr. Hitendra Rajput, learned advocate for Mr. Yash N. Nanavati for the respondent no.1, jointly submitted that, the matter has arisen because of private complaint under Criminal Inquiry No.95 of 2017. The learned Judicial Magistrate, First Class, Bharuch, on 30.06.2018 was pleased to pass an order of issuance of summons under Section 204 of Cr.P.C. under Sections, 409, 467, 468, 471, 120(b) and 114 of IPC and Section 34 of the IPC.

(3.) Ms. Monali Bhatt, learned Additional Public Prosecutor, submitted that the Gram Panchayat has given authority to the complainant to lodge the complaint and state has not filed any complaint and no FIR has been lodged. She submits that the original statement is produced on record and that any First Information Report should be quashed in accordance with the guidelines of the Apex Court and the parameters laid down therein.