PUSHPAGAURY HARESHKUMAR JIVANINAME Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for the sake of brevity), the petitioner, who is residing at United State of America (U.S.A) being accused no. 5 in M. Case No. 1 of 2012 which was registered with Rajkot City Mahila Police Station filed by respondent No.2 in the Court of Judicial Magistrate, First Class, Rajkot for the offences punishable under Sections 420 and 114 of the Indian Penal Code, 1860 (IPC) as well as under Sections 3 and 7 of the Dowry Prohibition Act wherein the Court of Judicial Magistrate, First Class passed an order of investigation.

(2.) THE facts which are relevant for the present petition are enumerated as under :

(3.) IT further appears that by order dated 9.4.2012 Judicial Magistrate, First Class, Rajkot passed an order of investigation as provided under Section 156(3) of the Code of Criminal Procedure and at that stage the present petition is filed by accused No. 5.