(1.) This petition is filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') for quashing and setting aside the Criminal Case No.3236 of 2021 pending in the Court of Judicial Magistrate First Class, Kalol along with process issued by the concerned Magistrate, Kalol vide order dtd. 20/9/2021.
(2.) Heard learned Senior Advocate Mr. Deven Parikh assisted by learned advocate Mr. Virat Popat for the petitioners, learned APP Mr. L. B. Dabhi for the respondent - State and learned Senior Advocate Mr. Nirupam Nanavati assisted by learned advocate Mr. Chetan Pandya for respondent No.2 - original complainant.
(3.) Learned counsel appearing for the petitioners submitted that the present respondent No.2 has filed a complaint being Criminal Case No.3236 of 2021 before the Court of Judicial Magistrate First Class, Kalol against the present petitioners under Sec. 500 read with Sec. 34 of the Indian Penal Code. It is submitted that the concerned Magistrate Court, after taking verification of the complainant and after examining the witness of the complainant, issued process vide order dtd. 20/9/2021 and therefore the petitioners have filed the present petition.