DHARMESHBHAI NATVARBHAI KANTHARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Chintan Dave, learned APP waives service of notice of rule on behalf of the respondent State and Mr. Hardik Dave, learned advocate waives service of notice of rule on behalf of respondent No. 2.

(2.) The present application is filed under sec. 439(2) of the Code of Criminal Procedure 1973 for the purpose of challenging the legality and validity of an order dtd. 9/6/2017 passed by learned 6th Additional District and Sessions Judge, Surat in Criminal Misc. Application No. 4109 of 2017.

(3.) The case of the complainant-applicant herein is that the complaint is lodged before the Katargam Police Station by him for the offence under Sec. 302, 34 and 120-B of IPC read with sec. 135(1) of the Gujarat Police Act. It is submitted that initially, complaint came to be filed against two accused persons and later on, during the course of investigation, name of respondent No. 2 revealed and on account of such investigation, it has been found that accused persons, in connivance with each other, have hatched a conspiracy to done away the father of the complainant which has resulted into arrest of respondent No. 2.