HADAYRAJ SHIVKUMAR GIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Hardik Mehta, learned APP waives service of Rule on behalf of the respondent - State and Mr. Krunal G. Patel, learned advocate waives service of Rule on behalf of the respondent no.2.

(2.) This application has been filed under sec. 482 of the Code of Criminal Procedure for quashing and setting aside the FIR bearing CR No.I-9/2019 registered with Navrangpura Police Station, Ahmedabad City for offfences punishable under Ss. 406 , 420 and 114 of the IPC.

(3.) The complainant - Parvez Ibrahimbhai Kazi was working as Conductor in the Company known as Cadila Pharmaceuticals Ltd. Applicant no.1 is a President of the Union, while the applicant no.2 is Secretary who had filed Reference IT no.3 of 2008 praying for increasing the wages of the labourers. The case came to be disposed of with an increment of Rs.1,500.00 to the wagers. The amount which has been received by a Reference was given through cheque in the bank account of the complainant and 53 individuals. It is alleged by the complainant that out of the said amount, Rs.6.00lacs per individual was collected by the Union towards legal expenses and the complainant, thus, states that the amount collected was by defrauding the complainant and others and therefore, Ss. 406 and 420 of the IPC would be attracted in the matter.