UDAJI DHIRAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Sec. 482 of the code of Criminal Procedure, 1973 the applicant seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being, I-C.R. No.178 of 2013 registered with Patan City "B" Division Police Station, for the offence punishable under Ss. 363, 366, 376 and 114 of the Indian Penal Code.

(2.) Heard Mr. D.J. Bhatt, learned advocate for the applicant, Mr. L.B. Dabhi, learned APP for the respondent- State. Though duly served, respondent No.2 has chosen not to appear.

(3.) Learned counsel for the applicant submits that there is no evidence which links the applicant with the offence. Even if the Court accepts the allegations made in the FIR in toto, the allegations made in the complaint do not reveal any involvement of the applicant. The only allegation against the present applicant is that when the complainant was found with accused No.1 -Tinaji, he was called by the accused No.1 - Tinaji. However, at that time, the present applicant was not present, and the parents of Tinaji helped the complainant to elope along with the accused Tinaji. Thus, there is no any role is attributed to the present applicant, as he was not present at the place of occurrence during that time. It is further stated that the applicant had nothing to do with the incident and the applicant was doing the labour work. It is further submitted that deliberately, the complainant has remained silent and has not spoken anything against the role of the present applicant and how the present applicant has allegedly abetted the crime, has nowhere been stated in the complaint. Therefore, he submits that the present application be allowed.