VIJAYKUMAR BHALABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the applicant has prayed for quashing and setting aside the FIR bearing CR-I No. 43 of 2017 registered with 'B' Division Police Station, District : Panchmahal dtd. 6/5/2017 for the offences punishable under Ss. 406 and 420 of the Indian Penal Code.

(2.) Mr. Jigar Dave, learned advocate for the applicant submits that applicant's father was serving as Armed Constable in SRP Group No.5 and was posted at Godhra and he died while in service on 31/8/2000. Thereafter, the present applicant had applied for compassionate appointment on 21/9/2000. The application of the applicant was rejected by the authority concerned. Against the rejection of the said application for compassionate ground, the applicant approached this Court by way of filing writ petition being Special Civil Application No. 10262 of 2013 and the same came to be disposed of on 28.02.20214, directing the authority concerned to consider the case of the applicant on compassionate ground. He also states that despite the said order, the authority concerned failed to comply the said order. The applicant was constrained to file contempt petition being Misc. Civil Application (for contempt) No. 1877 of 2014 in Special Civil Application No. 10262 of 2013, however, pending the proceedings of the said contempt petition, the authority concerned had given appointment to the applicant on compassionate ground as Class-III employee and in pursuance thereof, the applicant had resumed the duty and the contempt petition came to be disposed of by the order dtd. 22/12/2014.

(3.) Countering the arguments, Mr. Dhawan Jayswal, learned Additional Public Prosecutor has submitted that the applicant had given misinformation in his application dtd. 21/9/2000 of having already passed in standard 12 th, while verifying it was found that such informations were not true and subsequently he passed standard 12 th in the month of April- May, 2001. He also submitted that the false information was deliberately given by the applicant for getting the compassionate appointment.