ISHWARBHAI KESHAVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition filed under section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') for quashing and settinig aside the FIR filed in DCB police station of Surat City at Surat and registered as CR.No.I/14/2002 for the offences punishable under sections 208, 209, 210, 418, 423, 424, 468, 465, 471, 199, 193 and 120-B of IPC as well as under section 34 of the IPC, 1860.

(2.) One Pankajbhai Harishchandra Jani, shown as respondent no.2 herein has filed the aforesaid FIR before the Commissioner of Police at Surat, a copy whereof has been placed at Annexure 'A' at page 31 to the petition. The said FIR has been filed by him as the Secretary of Ganesh Cooperative Housing Society Limited. The said FIR has been filed against more than 15 persons named in the said FIR. It relates to the offences said to have been committed by the respondents. The facts are stated in details in the FIR and mainly it has been stated that certain documents have been forged and fabricated by the respondents with a view to obtain certain benefits out of the said documents. It appears that an application has been filed before the learned Civil Judge (SD) at Surat in Special Civil Suit No.159/97 requesting the said Court to take appropriate steps under section 340 of the said Code. There also the allegations are of the same nature and it has been alleged that certain documents have been forged and fabricated by the opponents therein who are petitioners herein.

(3.) After hearing the learned Advocate for the applicant of the said application, the trial court has passed an order that a preliminary enquiry shall be undertaken on the basis of the said application/complaint referred to hereinabove. The trial court also directed that original record be called for and notice be issued. Thereafter the trial court also directed that Civil Misc.Application No.6/2001 be referred to the learned 7th Jt.Civil Judge (SD) at Surat for preliminary enquiry and there is also direction that the learned Judge shall submit his report on the complaint. The said order was passed on 18.7.2001. Here the main contention of the present petitioners is that when the Civil Court has already undertaken the matter in its hand and when preliminary enquiry is being conducted by the Court, it would not be open to the police investigating machinery to undertake simultaneous and parallel investigation into the matter. On this short ground, the said FIR is sought to be quashed by the present petitioners.