IQBAL HUSSAIN JUJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant herein-original accused to quash and set aside the impugned FIR being CR-No. II-112 of 2010 lodged with the Limkheda Police Station, Dahod filed by the respondent no.2 herein the then Police Inspector, Limkheda Police Station, Dahod for the offences punishable under Section 186 r/w Section 114 of the Indian Penal Code.

(2.) THE facts leading to the present Criminal Miscellaneous Application in nutshell are as under: 2.1. That one FIR was lodged / registered with the Limkheda Police Station being CR-II- No. 109 of 2010 for the offences under Sections 279 and 427 of the Indian Penal Code as well as Sections 177 and 184 of the Motor Vehicles Act against the original accused no.1 Shri Mobin Yusuf Jujara and the said accused came to be arrested and the respondent no.2 herein -original complainant was investigating the said FIR. It is alleged in the said complaint that when the investigation was going on with respect to the aforesaid FIR being No. CR-II- No. 132 of 2010 which was filed against original accused No. 1 at that stage he started threatening the Investigating Officer and to close the proceedings and if the proceedings are not closed and / or is not released the Investigating Officer has to face dire consequences and he has given the threats that he will be falsely implicated in the case. It is further alleged that at that time he received one call from Mobil No. 9998619019 (alleged to be belonged to the petitioner herein) and on the phone the Investigating Officer -original complainant herein was given threats and he was told that if the proceedings are not closed in that case, he will has to face consequence and he is also sending one fax from which he will see to it the consequence of the same. Making aforesaid allegation, the impugned FIR has been filed. Being aggrieved and dissatisfied with the impugned FIR, the applicant herein-original accused no.2 who has administered threats to the Investigating Officer who has investigating another FIR has preferred the present application under Section 482 of the Code of Criminal Procedure.

(3.) HEARD the learned advocates for the respective parties at length and considered the averments and allegations in the FIR. Considering the same, it appears that a prima facie case is made out against the accused persons making out cognizable offences for the offence alleged, which are further required to be investigated by the Investigating Officer. It appears that the Mobile Number from which the threats were administered to the concerned Investigating Officer / complainant herein belonged to the petitioner. It is not in dispute that applicant had in fact conversation with the Investigating Officer. Whether the said call was made by the petitioner and by which he had given threats or not is question of investigation which is required to be investigated by the concerned Investigating Officer.