RAJESHKUMAR KHIMJIBHAI JAKASANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the petitioners have prayed for quashing and setting aside the impugned FIR being C.R. No.I-666 of 2010 registered before GUVNL Police Station, Dist.: Rajkot for offfence punishable under Ss. 135 of the Electricity Act, 2003 as well as other consequential proceedings arising out of the aforesaid FIR qua the petitioners.

(2.) Mr. Ashish Dagli, learned advocate for the petitioners submits that the petitioners are brothers and are in the same family business; they have constituted a partnership firm registered under the Indian Partnership Act, 1932, and the firm is under the name and style of M/s. J.K. Stone Crusher. The petitioners have established a stone crushing unit at Survey No.74 paiki, village Dharampur, Taluka, Morbi, Dist. Rajkot; the unit has been established in the year 1998.

(3.) Ms.Maya Desai, learned advocate for respondent No.2 submits that the present criminal application was filed in the year 2010 and was dismissed on 27/7/2011 by default of the Advocate, and was restored on 10/7/2015; continuously the counsel for the petitioners remained absent and in the year 2017, the matter was restored again on its original file on 11/10/2017, and states that the delay of seven years on the part of the petitioners was the lethargic approach.