PRASHANT SONAJI MESRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicants have prayed for quashing and setting aside the FIR being II CR No. 27 of 2014 registered with Dholka Police Station.

(2.) Heard learned Advocate Mr. Krunal Shah for learned Advocate Mr. B.A.Surti for the Applicants. He submitted that the present FIR came to be lodged against the present Applicants as they had been named as witnesses in the FIR lodged by one Ambaben Arjunbhai Thakore. In fact the Applicants have not made any phone calls to anybody as alleged in the FIR. The present FIR had been lodged by the Respondent - First Informant only with a view to pressurize them not to depose against him in the FIR lodged by Ambaben. Subsequently, the Respondent and the said Ambaben have settled the matter interse. Thus, there is no point in continuing with the present FIR against the present Applicants. He also submitted that the ingredients for the offence alleged against the present Applicants in the FIR are not made out upon a plain reading of the FIR. He submitted that the present FIR has been lodged only after this Court has ordered to transfer the investigation of the offence in FIR lodged by the said Ambaben. He therefore submitted to allow the present Application and quash and set aside the FIR in question.

(3.) The Application is opposed by learned APP Mr. Manan S. Mehta. He submitted that upon a bare perusal of the FIR, it appears that the present Applicants had one by one telephoned the witness Vasim Akram and had threatened him. He further submitted that the present Applicants had threatened the said Vasim Akarm as he was cited as a witness in the FIR lodged by Ambaben and had threatened him with dire consequences if he deposed anything against them. Thus, the offence alleged in the FIR are clearly made out against the present Applicants. He therefore submitted to dismiss the present Application.