JAYANTILAL VADILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused no. 2-father of original accused no. 1 to quash and set aside the impugned FIR, being C.R. No. I 18/2004 lodged with Gandhinagar Zone, C.I.D. Crimes Police Station filed by respondent no. 2-original complainant for the offences punishable under Sections 465, 468, 471 and 114 of the Indian Penal Code.

(2.) RESPONDENT no. 2-original complainant has lodged the impugned FIR against the applicant and others for the offences punishable under Sections 465, 468, 471 and 114 of the Indian Penal Code alleging interalia that original accused no. 1-son of the applicant has forged T.Y. Bcom mark sheet of Gujarat University and the applicant-original accused no. 2 has prepared the false affidavit so as to enable original accused no. 1 to go to UK/USA and it is further alleged that all the accused persons hatched the conspiracy to prepare the false documents and to use the same as true and, therefore, it is alleged that the applicant and other accused persons have committed the offence under Sections 465, 468, 471 and 114 of the Indian Penal Code.

(3.) SHRI L.B. Dabhi, learned APP appearing on behalf of the Investigating Officer is not in a position to point out any material against the applicant against which it can be said that the applicant has committed the offence alleged. He is not in a position to show any material against the applicant by which it can be said that the applicant was party to the conspiracy and/or he has taken any part in forging the T.Y. Bcom mark sheet of the Gujarat University. Except the support affidavit affirmed by the applicant dated 05/11/1999 there is no material against the applicant. However, he has submitted that the entire picture can be cleared only after original accused no. 1, who is absconding is arrested and is interrogated and, therefore, it is submitted that in case this Court is inclined to quash and set aside the impugned FIR at this stage considering the material on record, in that case, liberty be reserved in favour of the prosecution and/or Investigating Officer to arraign the applicant as an accused in case any material is found against the applicant.