REEMA LAMBA @ MALLIKA SHERAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 00. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioner herein original accused to quash and set aside the Criminal Complaint No.817 of 2007 pending in the court of learned Judicial Magistrate (First Class), Vadodara and the order dtd.10/10/2007 passed in the Criminal Revision Application No. 83 of 2007.

(2.) 00. Facts leading to the present petition, in nutshell, are as under :-

(3.) 00. Present petition is opposed by Mr.L.B. Dabhi, learned Additional Public Prosecutor appearing on behalf of the State. It is submitted that as such the learned Magistrate has rightly directed to issue summons / process against the petitioner for the offences punishable under sections 294 and 114 of Indian Penal Code. It is submitted that as such a speaking and well-reasoned order has been passed by the learned Magistrate while passing order dtd.10/10/2007 directing to issue process against the petitioner for the offences punishable under sections 294 and 114 of Indian Penal Code, which is on the basis of the report submitted by the concerned investigating officer of J.P. Road Police Station. It is submitted that having satisfied considering the material on record and the report submitted by the concerned police inspector, who conducted inquiry, that a prima facie case has been made out against the petitioner - original accused and thereafter when the learned Magistrate has directed to issue process / summons against the petitioner for the offences punishable under sections 294 and 114 of Indian Penal Code, the same is not required to be interfered with by this Court in exercise of the powers under section 482 of the Code of Criminal Procedure.