SURESHBHAI MOHANLAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Himanshu Patel, learned Additional Public Prosecutor waives service of notice of rule on behalf of the first respondent and Ms. Megha Jani, learned advocate waives service of notice of rule on behalf of the second respondent. Having regard to the facts of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(2.) BY this application under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), the applicants seek quashing of the first information report registered vide Navrangpura Police Station I -C.R. No.184/2007 as well as Criminal Case No.2621/2007 and supplementary chargesheet being Criminal Case No.4090/2008 pending in the court of the learned Metropolitan Magistrate, Court No.13, Ahmedabad.

(3.) THE second respondent Rasik Dhanjibhai Gandhi lodged a first information report being Navrangpura Police Station I -C.R. No.184/2007 against the applicants herein alleging commission of the offences punishable under sections 406, 420, 467, 468, 471, 477A and 114 of the Indian Penal Code. It appears that the Investigating Officer upon conclusion of the investigation submitted a chargesheet pursuant to which Criminal Case No.2621/2007 came to be registered against the applicants. Upon submission of supplementary chargesheet, another Criminal Case No.4090/2008 was also registered which is pending in the court of the learned Metropolitan Magistrate, Court No.13, Ahmedabad. It appears that the original accused No.3 filed an application (Exhibit -22) seeking discharge before the learned Metropolitan Magistrate which came to be rejected by an order dated 17th January, 2011. Being aggrieved, the original accused No.3 went in revision before the City Sessions Court, Ahmedabad in Criminal Revision Application No.150/2011 which came to be rejected by the impugned order dated 16th December, 2011.