SHANKER NAMDEV KASHID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the parties. At the request of parties, the matter is fixed forthwith for final disposal. Rule. Rule is waived by learned advocates for respective respondents. With the consent of learned advocates for the parties rule is fixed forthwith.

(2.) THE applicant, who has been named as accused no.2 in M. Case No.6 of 2010 registered with Gandhidham 'A' Division Police Station on 16/01/2010 for the offence punishable under Sections406, 408, 409, 420, 34 and 114 of I.P.C., has approached this Court with following prayers.

(3.) LEARNED advocate for the applicant contended that on the face of averments made in complaint are go to show that the dispute can never be classified to be one under Section420, 406 of I.P.C., so far as present applicant is concerned. The civil dispute is sought to be given colour of criminal proceedings and therefore, it is sheer abuse of process of Court and Court may quash and set aside the investigation and aftermath atleast against the present applicant.