RAJESHBHAI MAGANBHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Applicant-Rajeshbhai Maganbhai Gajera is the original complainant and respondent Nos.2 to 11-Sonalben Vinubhai Gajera and Ors. are the original accused in the main proceedings before the courts below. For the sake of convenience and brevity, the applicant shall hereinafter be referred to as the original complainant and the respondent Nos.2 to 11 shall herein after be referred to as the accused persons. The Indian Penal Code, 1860 shall be referred to as ' IPC ' and Criminal Procedure Code, 1973 shall be referred to as the 'Code'

(2.) By way of this application under Sec. 482 of the Code, the applicant-original complainant seeks to invoke the inherent powers of this Court praying for quashing and setting aside the judgment and order passed by the 12 th Additional. Chief Judicial Magistrate, Surat dtd. 14/11/2011, dismissing the complaint of the complainant by exercising power under Sec. 203 of the Code as well as order passed by the learned Additional Sessions Judge, Surat dated 30 th December, 2013 in Revision Application No.30 of 2012, confirming the order passed by the learned 12th Additional Chief Judicial Magistrate, Surat on 14/11/2022.

(3.) Facts, in brief, which gives rise to the present application are as under;