RAHUL KUMAR TULSIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' hereinafter) praying to quash and set aside the FIR being IC.R.No.55 of 2014 registered with Mahila Police Station, Ahmedabad.

(2.) This matter was heard on 17/11/2014 and the notice was issued, permitting the investigation to carry out and directions for no coercive steps were ordered. Thereafter, vide order dtd. 2/9/2015 this Court has observed that "the learned advocate Mr.Devesh Bhatt appearing for the respondent No.2 is not remaining present since long and therefore, the Rule issued and investigation permitted to proceed further." Vide order dtd. 4/12/2015 the draft amendment was allowed and the Criminal Case No.337 of 2015 was stayed till the final disposal of this application.

(3.) On 14/7/2023 the learned APP was directed to record the statement informing to the complainant with regard to the pendency of the petition as the learned advocate for the respondent No.2 remained absent constantly. Though the statement was recorded, but the respondent No.2complainant did not choose to appear therefore, again the notice was issued on 29/9/2023 which was served to the respondentscomplainant. On 18/9/2023 the statement of the respondentcomplainant was recorded that the complainant does not want to engage an advocate. Therefore, present application was heard on merits in absence of complainant.