(1.) By this application, under Sec. 482 of the code of Criminal Procedure, 1973 the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, C.R. No.I-238 of 2013 registered with Chandkheda Police Station for the offence punishable under Ss. 386. 323, 506(1) read with Sec. 114 of the the Indian Penal Code.
(2.) Heard Mr.J.V. Japee, learned advocate for the applicants and Mr.L.B. Dabhi, learned APP for the respondent No.1 and Mr.Janakray K. Raval, learned advocate appearing for respondent No.2. Though the respondent No.3 duly served, remained absent. Learned advocate for the applicants submits that though allthroughout pending the application, the applicants were protected, but after the investigation, the Investigating Officer has filed A-Summary and learned 3 rd Additional Chief Judicial Magistrate, Gandhinagar has been pleased to approve the said report also. Hence, he has requested to allow the application.
(3.) Per contra, Mr. L.B. Dabhi, learned APP and Mr.Janakray K. Raval, learned advocate appearing for respondent No.2 have vehemently opposed this application and argued that now nothing remains to decide further in the matter as "A" Summary is filed by the Investigating Agency. Hence, the application be dismissed.