RAJENDRA NANUBHAI MAJETHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ON 2.4.2008, a school-bus of DPS School turtled. One of the school boy said to have died and several others injured. In pursuance of that incident, the present applicant along with other parents of the school children had gathered at said DPS School to mourn the death of the school child, who has died in accident. The parents and all others, who have gathered were in sombre mood. They had observed two minutes' silence to express their respect. While so, respondent No.2 herein was found to carry out a video shooting of the incident. The respondent No.2 is said to be working in one of the TV news channel as a Cameraman. The present applicant said to have asked the respondent No.2 why he is carrying out the video shooting of this proceeding. Some exchange alleged to have had taken place between the applicant and respondent No.2 and at the end, applicant had said to have taken the video cassette from the respondent No.2. It is the say of the applicant that while taking the video cassette, he had given his visiting card to the respondent No.2 for collecting the video cassette next day. On the other hand, it is the say of the respondent No.2 that applicant had forcibly taken away the cassette and had said to have told to respondent No.2 that he can do his worst. Then after 3 to 4 days, police had summoned the present applicant intimating him about lodging of the complaint for offence under Section 392 of the I.P.C. against the present applicant. The respondent No.2 had lodged the complaint before Sarkhej Police Station and the same is registered as I-C.R.No.105 of 2008.

(2.) THE applicant herein seeks to quash the said criminal complaint. This Court by order dated 10.4.2008 had admitted the petition and granted the interim relief prayed for by the applicant. The respondent No.2 / complainant, though served, did not appear.

(3.) LEARNED APP Mr.Pandya appearing for respondent No.1 submitted that he has verified from the Sarkhej Police Station that the video cassette is received by the police.