SUDHIRBHAI HIRALAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has approached this Court with this application under Section 482 of the Criminal Procedure Code, 1973, seeking quashment of the FIR and the charge-sheet submitted in connection with Bharuch 'A' Division Police Station, CR No.I-120 of 2006 against him, which is at Annexure "A" to the petition.

(2.) The case of the petitioner is that this FIR is lodged by the Investigating Officer and there is prohibition on the criminal Court taking cognizance of the offences punishable under Sections 177, 182, 195 and 211 of the Indian Penal Code, unless it has been lodged with the permission of the Court or by the Officer of the Court.

(3.) Facts of the case in brief are that the petitioner is the proprietor of Shivangi Industries, Bharuch, who was given a contract to supply certain machineries and materials to the Mahatma Fule Backward Class Development Corporation Limited of Maharastra Government. His production unit was located at Bharuch, however, subsequently the petitioner opened one production unit at Rakhial, Ahmedabad under the identical name. According to him, he entrusted one Shashikant Shah and had also given a blank cheque book, duly signed by him. Subsequently, Shashikant Shah with some Bank Officers got other cheque books and misused the same by forged signatures of the petitioner. He thereafter lodged the FIR with Bharuch 'A' Division Police Station against Shashikant Shah and others. While that investigation was going on, the Investigating Officer lodged present FIR against him.