ROHITBHAI VRAJLAL PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant under Sec. 341 of the Code of Criminal Procedure Code, 1973 (for short "Cr.P.C.") against the complaint filed by the learned Additional Sessions Judge, Gondal being Criminal Inquiry No.34 of 2000 pending before the learned Additional Chief Judicial Magistrate, Gondal, District: Rajkot, whereby, the learned Presiding Officer of the Motor Accident Claims Tribunal (Aux.), Gondal (hereinafter referred to as "the Tribunal") has passed the order to file a report under Sec. 156(3) of Cr.P.C. on investigation carried out by the D.S.P., Rajkot (Rural) within 30 days, and on the basis of the said report, to initiate proceedings against the accused persons who are involved in the alleged commission of crime under Sec. 177, 182, 193, 196, 199, 209, 465, 466, 467, 468, 471, 114 and 120B of the Indian Penal Code.

(2.) It is the case of the appellant that all the accused persons named in the complaint had prepared the documents with regard to unnatural death of one Jivrajbhai Limbabhai Koyani who died on 19/7/2000. The legal heirs of the said Jivrajbhai had filed a claim petition before the Tribunal being Claim Petition No.842 of 2000. It is further the case of the appellant that, the appellant being an advocate had filed the said claim petition alongwith the FIR filed by the family members of the deceased Jivrajbhai. The said claim petition came under objection and for that the concerned Tribunal had issued showcause notice to the present appellant who had filed the claim petition to show cause as to why claim petition should not be dismissed for non-production of the relevant documents viz. Panchnama of the place of occurrence, post-mortem report, etc. The present appellant being an advocate had offered his explanation before the Tribunal as the relevant documents were not provided by his client and therefore, he had not produced the same. On consideration of the explanation tendered by the appellant, the Tribunal had withdrew the said show-cause notice and closed the inquiry against the present appellant. It is further the case of the appellant that, during the pendency of the so called claim petition, the Insurance Company moved an application below Exh.-22, whereby, the Tribunal passed the following order on 13/11/2000 :

(3.) Feeling aggrieved and dissatisfied with the Criminal Inquiry No.34 of 2000 pending before the learned Additional Chief Judicial Magistrate, Gondal the appellant has filed the present appeal under Sec. 341 of the Code of Criminal Procedure, 1973.