SANJIV RAJENDRABHAI BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner herein - original accused to quash and set aside the impugned complaint being Criminal Case No. 12123 of 2011 pending in the court of learned 3rd Additional Chief Judicial Magistrate, Ahmedabad (Rural), filed by the respondent No.2 herein - original complainant - Assistant Commissioner of Police, B-Division, Ahmedabad City - investigating officer of First Information Report lodged against the petitioner with Ghatlodiya Police Station being CR No.I-149 of 2011, for the offences punishable under sections 172 and 177 of the Indian Penal Code and order passed by the learned Magistrate directing to issue summons against the petitioner for the offences punishable under sections 172 and 177 of Indian Penal Code.

(2.) Facts leading to the present petition in nutshell are as under:-

(3.) Present petition is opposed by Mr.P.K. Jani, learned Public Prosecutor appearing on behalf of the State as well as investigating officer - respondent No.2. It is submitted that despite the service of summons issued upon the petitioner under section 160 of the Code of Criminal Procedure, the petitioner did not appear before the investigating officer and did not cooperate the investigating officer with respect to the First Information Report filed against him being CR No.I-149 of 2011 and therefore, it can be said that the petitioner has committed offences punishable under section 172 of Indian Penal Code.