UDAYBHAI LAXMANBHAI BADMALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners ­ original accused to quash and set aside the impugned First Information Report being CR No.I-84 of 2009 lodged by the respondent No.2 ­ original complainant, with the Lathi Police Station for the offence punishable under section 366 of Indian Penal Code.

(2.) TODAY , when the present petition is taken up for final hearing, with the consent of the learned advocate appearing on behalf of the petitioners, Ad-interim relief granted earlier is modified to the extent permitting the investigating officer to record statement of the petitioners, more particularly petitioner No.2 - daughter of the original complainant.

(3.) MR .Dabhi, learned Additional Public Prosecutor under the instructions of Mr.Harpalsinh H. Zala, P.S.I. of Lathi Police Station who is investigating officer, has stated at the bar that the in view of the statement of the petitioner No.2 ­ daughter of the complainant, no case is made out against the petitioner No.1 herein for the offence punishable under section 366 of Indian Penal Code, as alleged and therefore, the investigating officer shall submit C-Summary Report before the concerned Magistrate within a period of three weeks from today.