DIPEN BHIMJIBHAI BUJAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure (for short, "the Cr.P.C ."), the petitioners have prayed to quash and set aside the complaint being FIR No.11993007230192 registered with Gandhidham 'B' Division Police Station, District: Kutch for the offences punishable u/s. 406, 420, 465, 467, 468, 471 and 120B of IPC and all other consequential proceedings emanating therefrom.

(2.) Learned advocate Mr. P. M. Lakhani appearing for the petitioners submitted that none of the essential ingredients of any of the Sec. charged against the present petitioners have been satisfied, hence, no prima facie case could be made out against the present petitioners. He further submitted that there is no provision to register FIR in such type of cases and only a private complaint can be filed, that too, by a GST officers and not by the police department. Furthermore, the police officer had no right to even investigate into such type of case. That the allegations made in the FIR are so absurd and inherently improbable and on the basis of which any prudent person can never reach just conclusion that there is sufficient ground for proceeding against the present petitioners. He, therefore, submitted that this is a fit case where discretion deserves to be exercised in favour of the petitioners.

(3.) Learned APP Mr. J. K. Shah for the respondent-State has resisted this petition on the ground that the powers under Sec. 482 of Cr.P.C., are to be exercised by the Court sparingly and in an appropriate case at an appropriate time. Presently, the investigation in this case is going on and it is at a crucial stage, and therefore, the complaint may not be quashed.