NIZAMUDDIN FAKIRUDDIN KAZI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petitioners who are the accused with one Rahishkhan Pathan against whom complainant Rafiuddin Kazi filed a complaint for the offences punishable under Secs. 506 and 114 of I.P.C. before Valsad (Rural) Police Station on 10-3-1989 at 12-45 p.m. which is registered as C. R. No. I-59 of 1989 have filed this petition before this Court in exercise of its powers under Art. 226 of the Constitution of India and prayed that the impugned complaint be quashed against the petitioners.

(2.) Mr. Shah learned Advocate for the petitioners submitted that the impugned complaint is required to be quashed on the following grounds : (1) that the complaint filed against the petitioners is false, (2) taking the averments made in the complaint as it is, no case is made out under Secs. 506 and 114 I.P.C., (3) the investigation is mala fide and (4) under Sec. 167(5) Cr. P. C. the investigation is not concluded within a period of 6 months from the date of arrest of the accused, therefore, the learned Magistrate has to stop further proceedings. In support of his aforesaid contendions Mr. Shah learned Advocate for the petitioners relied upon the judgments of the Supreme Court : 1. AIR 1990 SC 1962 in the case of Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijja and Ors. 2. AIR 1988 SC 709 in the case of Madhavrao Jiwaji Rao Scindia v. Sambhajirao Chandrojirao Angre. 3. AIR 1976 SC 1947 in the case of Smt. Nagawwa v. Veeranna Shivalingappa. 4. AIR 1982 SC 949 in the case of State of West Bengal & Ors. v. Swapan Kumar Guha and Ors.

(3.) There cannot be any dispute regarding the well established principles of law laid down by the Hon'ble Supreme Court in the aforesaid judgments. However, the averments made in the complaint disclose a prima facie case against the petitioners and if the same is proved against them at the trial, they would be convicted also. None of the aforesaid judgments of the Supreme Court is applicable to the facts of the present case, therefore, the judgment are not discussed at length.