ABHIMANYU CHANDRASINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the petitioners. Rule. Rule is waived by learned counsels for the respective parties and is fixed forthwith.

(2.) THE petitioners have taken out this petition invoking provision of Section 482 Criminal Procedure Code for quashing the complaint being C.R. No. I-98/2012 lodged with "A" Division Police Station, Rajkot for the offences punishable under sections 364C and 114 of Indian Penal Code.

(3.) LEARNED counsel for the petitioners has relied upon the decision of the Apex Court in case of Gian Singh Vs. State of Punjab and another, reported in (2012) 10 SCC 303, and another decision in case of Jay Rajsinh Digvijaysinh Rana Vs. State of Gujarat & Anr, reported in GLR 2013 (1) pg. 65, as well as the observations of this Court in case of Rajbha Babhbha @ Rajendrasinh Annirudhsinh Sarvaiya & Ors, in Criminal Misc. Application No. 260/2013 decided on21/2/2013; in case of Rajeshbhai Natwarlal Agrawal and Others Vs. State of Gujarat, reported in 2005 (3) GLH pg. 504, in case of Maheshchand Vs. State of Rajasthan reported in 1990 (3) RCR pg. 332 (SC) and the decision of this Court in case Criminal Misc. Application No. 11498 of 2004 . Shri Dagli also placed on record the decision dated 3/9/2009 in case of 10349 of 2009; and submitted that in light of the observations in these judgments the FIR in question deserves to be quashed.