RAJESHBHAI NATVARLAL AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Mukesh Patel, learned Assistant Public Prosecutor waives service of rule on behalf of respondent No. 1 " State. Mr. J.K. Shah, learned advocate appearing for the respondent No. 2 waives service of rule on behalf of respondent No. 2. At the joint request of the parties, the matter is taken up for final hearing.

(2.) The present application is filed by the petitioners-original accused praying for quashing and setting aside the complaint filed by respondent No. 2 before the Mahidarpura Police Station being CR No. I-76 of 2005 on appropriate terms and conditions in the interest of justice.

(3.) Mr. Ashish M. Dagli, learned advocate appearing for the petitioners has submitted that the complaint came to be lodged being CR No. I-76 of 2005 before Mahidarpura Police Station for the offences punishable under Section 406, 420, 467, 468, 471 and 114 of I.P.C. by respondent No. 2, inter alia, alleging that her husband Rajendrabhai Shah who was practicing as Sales Tax " Income Tax advocate passed away on 17.07.1998. It was further alleged that the administration of movable and immovable property of the family of the complainant was being looked after by the present petitioner No. 1 who was working as a Junior with the deceased Rajendrabhai. The office is situated near Royal House, Chhaparia Sheri, Mahidarpura and one key of the office was with the present petitioner No. 1. The petitioner No. 1 used to deal with all files of deceased Rajendrabhai and after his death, files were kept by petitioner No. 1. On demand for handing over the same, promises were made that the files were handed over but the same was not done.