PANCHAL JAYESH JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant - original accused - Panchal Jayesh Jayantibhai seeks to invoke inherent powers of this Court, praying for quashment of the FIR being I-105 of 2015 registered with Fatehganj Police Station, Vadodara for the offences punishable under Ss. 354 , 342 and 506 of the Indian Penal Code and Ss. 3 and 7 of the Protection of Children from Sexual Offences Act, 2012.

(2.) Facts and circumstances giving rise to file present application are that the applicant - accused being a teacher has been charged with the sexual harassment, assault or criminal force to woman with intent to outrage her modesty and wrongful confinement. Admittedly, prior to the questioned FIR, respondent no.2-original complainant lodged FIR being I-C.R.No.155 of 2015 registered with Karelibaug Police Station for the offences punishable under Ss. 354 and 506(2) of the Indian Penal Code.

(3.) In the aforesaid facts, the instant application has been preferred by the accused inter alia stating that the allegations levelled against him do not constitute any offence. The questioned FIR is a second FIR filed in respect of same incident and on the same facts, after about 20 days of lodgement of first FIR. Thus, the legal point raised herein that second FIR based on the same facts is not permissible and therefore, it would be quashed and set aside.