PREMJI KARSAN RAJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Service of rule is waived by Ms. Jhaveri, Ld. APP and Mr. Mankad, Ld. Advocate for respondent -State and the complainant respectively.

(2.) THE petitioners are original accused with reference to Gadhshisha Police Station C.R. No. II -3007 of 2014, which is lodged by the complainant on 15/4/2014 alleging that the petitioners have given threat to kill him. Thereby offences under sections 504, 506[2] and 114 of the Indian Penal Code [IPC] was registered against the present petitioners and they were arrested by the investigating agency on the same day and released on bail on furnishing personal bond and solvent surety of Rs. 25,000/ -, by order dated 16/4/2014 by the Judicial Magistrate First Class, Mandvi, Kutch on condition that they should not leave territory of India without prior permission of the Court and they should surrender their passports before the Court within three days. The petitioners were also directed to remain present before the Court during the trial.

(3.) IT is further submitted that when the petitioner no. 2 herein has filed complaint, as aforesaid, against said Meghji Karsan Vekaria, since the petitioners are residing at Nairobi, Kenya [South Africa], such false complaint was filed immediately on his arrest, for which the petitioners were also arrested immediately and intention of the complainant was clear that if the petitioners are restrained from returning to Kenya, then and then they will compromise or may not press the complaint against him, which is under section 323 of the IPC i.e., resulting into injuries to respondent no. 2 herein.