JITENDRA MADHAVLAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. V.G. Popat for the applicant, learned APP Ms.Moxa Thakkar for the Respondent - State.

(2.) Factual matrix of the case are as under : The allegations against the present applicant is that the on prior information the applicant has apprehended accused no.1 who was found carrying an application on his mobile viz. Metatrader 5. On inquiry it was found that the concerned accused was involved in the activity of sale and purchase of shares on speculative basis without actually being member of the market and/or member of Securities and Exchange Board of India. The said accused was not broker and the speculative trading was being done to avoid payment of taxes and / or other leviables to the government. In a nutshell allegation is of "dabba trading", hence complaint is lodged.

(3.) Learned advocate for the applicant has submitted that the applicant is apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the applicant before the learned Sessions Court came to be dis-allowed. He also submitted that applicant has no any criminal antecedent. Learned advocate for the applicant has submitted that just to give criminal colour, a false and frivolous complaint is created to pressurize the present applicant, and therefore, the present application may kindly be allowed.