RAJESHBHAI RALUMALBHAI SHEHDADPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner seeks challenge the quashment of common order passed below Exh.7, Exh.10 and Exh.17 dtd. 7/4/2015 in Criminal Case No.16673 of 2009 passed by the learned Additional JMFC, Ahmeabad (Rural).

(2.) The facts which can be garnered from the pleadings is that on 12/9/2003, offence under Sec. 186 , 114 of IPC were registered against the petitioners. That on 18/7/2009, the Investigating Officer completed investigation and filed charge sheet in the court of JMFC. That on 3/10/2003, petitioner no.1 had preferred Criminal Misc. Application No.7936 of 2003 for quashing of FIR on the ground that same is barred by Sec. 195 of Cr.P.C. in absence of written complaint to the court by the concerned public servant and no court can take any cognizance of the offence alleged. The petitioner was withdrawn on 7/5/2009 with liberty to raise all the contentions before the Trial Court. That on 27/8/2009, petitioners preferred application Exh.7 and Exh.17 praying for passing appropriate order pursuant to bar of taking cognizance under Sec. 195(1) (b)(i) of IPC . The petitioners had also preferred application Exh.10 praying for registering of offence against the IO. That on 7/4/2015, learned Additional JMFC, Ahmedabad (Rural) rejected all the applications. Hence, this petition.

(3.) Learned Advocate for the petitioners submits that the petitioners are prosecuted for offence under Sec. 186 of IPC. It is further submitted that Sec. 195 of IPC bars taking of cognizance of offence under Sec. 186 of IPC except on the complaint in writing of the public servant concerned. He would further submit that there is no obstruction at the hand of the petitioner preventing the respondent no.2 to discharge his duty.