HARESH GOVINDBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.C.M.Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 herein - State and Mr.Ashish Dagli, learned advocate waives service of notice of Rule on behalf of respondent No.2 herein - original complainant.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.

(3.) MR .Dipen Dave, learned advocate appearing on behalf of the applicant herein ­ original accused has vehemently submitted that as such no threats were given to the original complainant, as alleged. It is submitted that only with a view to see that the applicant remains in Jail and his bail is cancelled, a false complaint/ FIR has been lodged making allegation that the applicant has given threats to her. It is stated that as such in connection with subsequent FIR filed by respondent No.2 herein - original complainant being C.R.No.I-3049 of 2012 for the offence punishable under Section 506(2) of the Indian Penal Code and during the pendency of the revision application, the applicant has been acquitted by judgement and order dated 31/10/2012. He has produced on record xerox copy of the judgement and order dated 31/10/2012 passed by learned Additional Chief Judicial Magistrate, Surendranagar in Sessions Case No.1134 of 2012 arising out of FIR being C.R.No.I-3049 of 2012 on the basis of which bail in favour of the applicant, came to be cancelled, which is directed to be taken on record.