AJAYBHAI MOHANBHAI DODIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the present applicant- original accused no.3 under Sec. 439 of the Code of Criminal Procedure, 1973, after charge-sheet, in connection with F.I.R. registered on 13/12/2021, bearing F.I.R No. 11209055210860 of 2021 with Vijaynagar Police Station, District -- Sabarkantha for the offences punishable under Ss. 302, 307, 143, 147, 148, 149, 120B of the Indian Penal Code and Sec. 135 of the Gujarat Police Act, inter alia alleging that the applicant-accused has committed the offence as alleged in the F.I.R.

(2.) It is alleged in the complaint that complainant having two brothers and three sisters and Vanrajbhai, aged about 16 years is son of his brother Martabhai Bhagora.

(3.) Learned advocate for the applicant has submitted that it is absolute case of vehicular accident and after lapse of around 65 days, the complainant concocted story of impugned complaint and tried to rope present petitioner into the alleged offence. The complainant had deliberately concealed the real incident and the preliminary investigation and statements just to rope petitioners into the alleged crime.