CHHOGALAL AASULAL JAIN (SHAH) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is filed under Sec. 397 and 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.PC) challenging the judgment and order passed by learned Chief Judicial Magistrate, Navsari below Exh.3 in Criminal Case No. 1976 of 2014 whereby, the application preferred by the present applicant praying to discharge from the offence came to be rejected. It is the case of the prosecution that one FIR came to be lodged on 7/1/2014 being CR NO.II- 2 of 2014 with Navsari (Rural) Police Station for the offence punishable under Sec. 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) It is alleged by the complainant namely Shobhanaben who is a social worker that one offence came to be registered being I-CR NO. of 249 of 2013 under Sec. 342, 376 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") wherein, the victim namely A and victim namely B were alleged to be working with the pauwa Industries run by the present applicant. It is alleged in the FIR that the victims were exploited by forcing to work under the present applicant who engaged in the pauwa Industries of the applicant. On registration of the FIR, investigation was carried out and on conclusion of the investigation, the charge-sheet came to be filed:

(3.) After filing the charge-sheet the application was filed below Exh.3 before the learned trial Court by the applicant stating that there is no evidence suggesting the involvement of present applicant and no material evidence were collected during the investigation except the statements which are recorded in the FIR at I-CR No.249/2013 registered for the offence punishable under Sec. 342, 376 and 34 of the IPC. It is contended that there is no evidence collected during the investigation showing that these two juveniles were engaged by the present applicant for employment and in a casual manner the charge-sheets were submitted by the Investigating Officer for the alleged offences.