DOLATRAM TEKCHAND HARJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, who is, according to the submission by learned APP, absconding and despite efforts by the investigation officer, has not been available for investigation process/for recording statement, has taken out present petition under Section 482 of the Code of Criminal Procedure, 1973 claiming that the investigation in the matter of alleged offence under Sections 307, 120B of Indian Penal Code and Sections 25(1)A and (b) and 27(1) of Arms Act may be stopped and terminated/quashed by exercising power under Section 482 of the Code. It is prayed, inter alia, that:

(2.) The petitioner has preferred present petition in backdrop of the fact that a Police Inspector, DCB Police Station, Vadodara, has submitted FIR, alleging offence punishable under Sections 307 and 120B of Indian Penal Code and Sections 25(1)A & (b) and 27(1) of Arms Act, wherein the petitioner herein is one of the accused persons (the petitioner is accused No.3 in the said FIR).

(3.) In present petition, the petitioner has, inter-alia, claimed that the impugned FIR may be quashed because it is lodged on inadmissible evidence and the allegations are false and have been made only to harass the petitioner. It is also claimed that on the statement and allegations by a co-accused, the petitioner is falsely involved as accused person in the impugned FIR.