SHAH RASIKLAL HANSRAJ SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicants herein ­ original accused to quash and set aside the impugned complaint being C.R.No.I-115 of 2009 registered with Dhanera Police Station, District: Banaskantha, lodged by respondent No.2 herein ­ original complainant for the offences punishable under Sections 416, 417, 420, 465, 467, 468, 471, 504 and 506(2) of the Indian Penal Code.

(2.) AT the outset, Mr.N.M.Kapadia, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application qua applicant No.1 herein as investigation is still going on. However, he has requested to make suitable observations that during the course of investigation, Investigating Officer may consider all the material collected during the course of investigation, which may be even produced by applicant No.1 herein. Under the circumstances, the present application is dismissed as withdrawn so far as applicant No.1 herein is concerned. It goes without saying that whatever documents/ material collected by Investigating Officer during the course of investigation, which may be even produced by applicant No.1 herein, Investigating Officer is bound to consider the same and shall consider the same.

(3.) MR .Nangesh, learned advocate appearing on behalf of respondent No.2 herein - original complainant does not invite any further reasoned order while quashing and setting aside the impugned complaint qua applicant Nos.2 to 4 herein. However, he has requested that the same shall be without prejudice to the rights and contentions of original complainant as well as prosecution against applicant No.1 herein and investigation against applicant No.1 be completed without in any way being influenced by the present order as the present order is qua applicant Nos.2 to 4 herein only. Under the circumstances, this Court is not assigning any further reasons while quashing and setting aside the impugned FIR qua applicant Nos.2 to 4 herein. However, suffice it to say that considering the averments and allegations in the impugned FIR as they are and considering the fact that there is no transaction with applicant Nos.2 to 4 herein and no sale deeds have been executed by applicant Nos.2 to 4 herein and, therefore, there is no question of misrepresentation by them and creating forged documents, no prima facie case is made out against applicant Nos.2 to 4 herein for the offences, as alleged. Under the circumstances, this is a fit case to exercise the powers u/s.482 of the Code of Criminal Procedure and to quash and set aside the impugned FIR qua applicant Nos.2 to 4 herein. However, the same shall be without prejudice to the rights and contentions of the original complainant as well as prosecution against applicant No.1 herein and investigation against applicant No.1 herein may go on in accordance with law and on merits and without in any way being influenced by the present order, which is qua applicant Nos.2 to 4 herein only.