TEJ RAMJI DAS MALHOTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Criminal Application under Articles 226 & 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure has been preferred by the petitioners herein-original accused to quash and set aside the charge sheet filed by the Police Inspector, Crime Branch, Junagadh in the Court of learned JMFC, Veraval in the offences registered as C.R. No. 1-10 of 2004 before the Prabhash-Patan Police Station and as also the proceedings being Criminal Case No.572 of 2006 pending in the Court of learned JMFC, Veraval.

(2.) Shri B. B. Naik, learned Senior Advocate for the applicants seeks permission to withdraw the present Special Criminal Application qua applicant nos. 1 and 3 as they were not named in the FIR as well as they are not charge sheeted by the concerned Investigating Officer. Under the circumstances, present application is dismissed as withdrawn qua applicant no.1-Shri Tej Ramjidas Malhotra and applicant no.3 -Shri Pabitra Surendranath Sarkar. After the matter was argued at length, Shri B. B. Naik, learned Senior Advocate for the applicants seek permission to withdraw the present application qua applicant no.4 herein unconditionally. Permission is accordingly granted. Present application is dismissed as withdrawn unconditionally qua applicant no.4-Shri V. N. Madurvar. Rule is discharged so far as applicant nos. 1, 3 and 4 are concerned. Under the circumstances, this Court is required to consider the present application for the aforesaid relief qua applicant no.2-Shri Kanaiyalal Vadilal Shah-original accused no.3 (as per charge sheet).

(3.) That the respondent no.2 herein -original complainant - Assistant Geologist , Collectorate Office, Junagadh had lodged the FIR being C.R. No. I-10 of 2004 before the Prabhash-Patan Police Station for the offences punishable under Sections 365, 368, 147, 148, 149 and 385 of the Indian Penal Code alleging inter alia that the accused persons inclusive of Gujarat Heavy Chemical Ltd., illegally excavated limestone from the gaucher land and committed the theft of limestone worth Rs.53 lacs. It is required to be noted that as such the applicant no.2 herein was not named in the FIR. After the investigation has been concluded, the Investigating Officer has submitted the charge sheet against the applicant also for the offences under Sections 379, 447 and 34 of the Indian Penal Code. That after the charge sheet, the case is registered as Criminal Case No. 572 of 2006 pending in the Court of learned JMFC, Veraval. Being aggrieved and dissatisfied with the impugned charge sheet as well as impugned Criminal Case being No.572 of 2006, the applicant herein-original accused no.3 (as per charge sheet) has preferred present application under Section 482 of the Code of Criminal Procedure.