SURESHBHAI DALABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the FIR bearing CR no.I-114/2014 dtd. 27/10/2014 registered with Limbdi Police Station, Dahod for the offence punishable under Ss. 279, 304(A), 337 of the Indian Penal Code, 1860 and Ss. 177, 184, 134 of the Motor Vehicles Act, 1988.

(2.) Mr. Mansuri, learned advocate for the respondent no.3 is being heard. Notice is already served on the applicant, but none appears today. On earlier occasion on 8/6/2022, fresh notice was issued to the applicant making it returnable today. The notice has been served. Still, no one had preferred to appear. On 17/11/2014, interim relief in terms of Paragraph 7(C) was granted by this Court. Thus, pending the final disposal of the application, all further proceedings were stayed in connection with CR no. I-114/2014 dtd. 27/10/2014 registered with Limbdi Police Station, Dahod for the offence punishable under Ss. 279 , 304(A), 337 of the IPC as well as Ss. 177, 184, 134 of the Motor Vehicles Act and the respondent no.2 - Police Inspector was restrained from arresting the applicant in connection with the impugned FIR. Further, by an order dtd. 6/1/2021, interim relief granted vide order dtd. 17/11/2014 has been continued till final disposal of this application with the modification that the said interim relief shall be qua the applicant herein only.

(3.) It appears that even after service of notice, the applicant has not appeared inspite of opportunity being granted for final hearing of the matter. In view of the same, since the applicant is protected, it is directed to the respondent no.2 to proceed with the investigation and if necessary, may file a charge-sheet before the concerned Court on the evidence so collected.