HARESHBHAI KARSHANBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for the respondent State and learned advocate Mr. VK Joshi waives service of notice of rule for the respondent No.1.

(2.) This petition is filed u/s 482 of the Code of Criminal Procedure by the petitioner for quashing and setting aside the impugned order dtd. 30/4/2013 passed by the learned Addl. Sessions Judge, Patan in Criminal Misc. Application No.213 of 2013 as well as order dtd. 30/4/2013 passed by the learned JMFC, Patan in M.Case No.3 of 2013 releasing the respondent no.2 on regular bail and further direct arrest of respondent No.2 in connection with M.Case No.3 of 2013 for the newly added charges u/s 120(B) and 467 of the IPC and prosecuted in accordance with law.

(3.) Facts in nutshell that that the petitioner has filed complaint before the learned JMFC, Radhanpur against the respondent No.2 and other accused alleging offences punishable u/s 420, 468, 506(2) and 114 of the IPC. Learned JMFC, Radhanpur ordered to investigate offence u/s 156(3) of the Code of Criminal Procedure. The case was registered as M.Case No.3 of 2013. Radhanpur Police Station, during the investigation, filed an application seeking addition of offences punishable u/s 120(B) and 467 of the IPC. That application was ordered to keep with the FIR. The respondent No.2 filed Criminal Misc. Application No.213 of 2013 u/s 439 of the Code of Criminal Procedure seeking regular bail in connection with the said offence before the learned Sessions Court, Patan.