LAWS(GJH)-2013-5-113

ASHVINBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT

Decided On May 01, 2013
Ashvinbhai Kanjibhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

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

(2.) THE petitioner has taken out this petition invoking provision of Section 482 Criminal Procedure Code for quashing the complaint being C.R. No. I-405/2011 lodged with Odhav Police Station, Ahmedabad, for the offences punishable under sections 461 and 380 of Indian Penal Code.

(3.) LEARNED advocate for the petitioner 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; and submitted that in light of the observations in these judgments the FIR in question deserves to be quashed.