JIGNESHKUMAR KANUBHAI DHAMELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, under Article 226 of the Constitution of India as well as under Sec. 482 of the Code of Criminal Procedure, 1973, the applicant seeks to challenge the impugned order dtd. 3/1/2020 passed by the learned 13 th Additional Sessions Judge, Surat in Criminal Revision Application No.296 of 2019, whereby the Sessions Court has confirmed the order dtd. 4/7/2019 passed by the learned 15 th Additional Chief Judicial Magistrate, Surat in Criminal Inquiry Case No.518 of 2018 which is rejected by the learned trial Court, in exercising of powers under Sec. 203 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(2.) The brief facts of the case are that, as per the applicant, respondents No.3 to 10 enticed the applicant to enter into the partnership with them and accordingly, they started partnership firm together. The applicant as well as respondents No.3 to 10 are the near relatives i.e. wife, in- laws and other relatives. As averred, the present respondents No.3 to 10 have, in connivance of each other, misappropriate the huge amount from the partnership firm by creating forged and bogus affidavit of the father of the applicant and thereby committed an offence punishable under Ss. 406 , 420, 465, 467, 468, 471, 114 and 120B of the Indian Penal Code.

(3.) Heard learned advocates.