GURMEETSINGH SAWHNEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Aditya Parikh for learned Advocate Mr. Mrugen K. Purohit for the petitioners, learned APP Ms. M.D. Mehta for the respondent-State and learned Advocate Mr. Sankul Kabra for learned Advocate Mr. Dhaval M. Barot for the respondent No.2.

(2.) By way of this petition the petitioners pray for quashing of FIR being M. Case No. 15 of 2012 registered with CID Crime Police Station, Gandhinagar Zone, for the offence punishable under Ss. 420 and 120- B of the Indian Penal Code. The petitioners had also sought for an additional prayer for quashing and setting aside the order passed by the learned Chief Metropolitan Magistrate, Ahmedabad dtd. 21/4/2012, whereby in the complaint filed by the respondent No.2, while exercising power under Sec. 156(3) of the Cr.P.C. the learned Magistrate had directed the CID Crime and the Railways' Additional D.G. to inquire into it and register a complaint.

(3.) It would be pertinent to mention here that learned Advocate Mr. Parikh, more particularly relying upon the observations of the Hon'ble Apex Court in case of Pradeep N. Sharma Vs. State of Gujarat, reported in 2019(1) GLH 798, has not pressed the prayer with regard to challenging the order dtd. 21/4/2012 passed by the learned Magistrate and whereas challenge is restricted to the impugned FIR on its merits. Thus, the petition is considered for the main prayer for quashing the FIR.