RAKESHKUMAR MAHENDRABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) 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 petitioner has prayed to quash and set aside the FIR being CR-I No.10 of 1995 registered with DCB Police Station, District: Vadodara for the offences punishable under Ss. 193, 196, 465, 467, 468, 471 and 120-B of the Indian Penal Code and all other consequential proceedings.

(3.) Learned Senior advocate Mr. Asim Pandya with Mr Udayan P. Vyas appearing for the petitioner submitted that the petitioner is quite innocent and he has been falsely implicated in the crime, even the bare reading of the FIR and other facts and circumstances makes it clear that no offence is made out against the present petitioner. He would submit that no prosecution can be continued against a dead person since the offences have been committed by someone prior to years 1962 and no one is available to be prosecuted, therefore, the revival of the FIR and investigation pursuant thereto is gross abuse of the process of the law. Therefore also, this is a fit case where discretion deserves to be exercised in favour of the petitioner.