SACHINBHAI SURESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. P.P. Majmudar, learned advocate appearing for the applicants, Ms. Maithili D. Mehta, learned Additional Public Prosecutor appearing for the respondent No.1 - State and Mr. Kaivan K. Patel, learned advocate appearing for the respondent No.2-original complainant.

(2.) By way of this application, the applicants herein have prayed for quashing of FIR being C.R. No.I-41 of 2016 dtd. 15/4/2016 registered with Siddhpur Police Station, District Patan, for the offence punishable under Ss. 406 , 420 and 114 of the Indian Penal Code, 1860.

(3.) Mr. P.P. Majmudar, learned advocate appearing for the applicants submitted that the impugned FIR fails to constitute the alleged offences against the applicants herein and that the said FIR is nothing but an abuse of process of law and the same does not disclose any cognizable offence against the applicants herein. Mr. P.P. Majmudar, learned advocate appearing for the applicants also submitted that respondent No.2 while instituting the impugned complaint substrate the fact that an earlier complaint was instituted by the respondent No.2 before the Police Sub Inspector, Manjalpur, District Vadodara, leveling similar allegations wherein after preliminary inquiry, the police submitted a report stating that respondent No.2 - original complainant was not present to give his statement and that the complaint came to be filed by the respondent authority. The complaint filed by the respondent No.2 was for recovery of money and hence, the said complaint was not entertained and a closure report to the said effect came to be filed on 29/3/2016. It appears that the applicants herein gave their statements in the said preliminary inquiry on 5/3/2016 and 22/3/2016. The copy of the said reports are duly produced on record ad Annexure- C (Collectively). The facts required adjudication of the present FIR as stated by the applicants herein are stated thus:-