LAWS(GJH)-2005-12-43

LALITKISHORE OMPRAKASH ARYA Vs. STATE

Decided On December 14, 2005
LALITKISHORE OMPRAKASH ARYA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India and under section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing F.I.R. registered as CR No. I " 166 of 2005 at Waghodia Police Station for offences punishable under section 379 read with section 114 of the Indian Penal Code on the ground that police cannot investigate the offence which relates to documents on the basis of which decree was passed by a Civil Court.

(2.) This case has a chequered history, and the facts narrated in a nutshell are as under:

(3.) Learned senior advocate Mr. S.I. Nanavati for Dodsal Pvt. Ltd., submitted that even though the Company was not a party to the civil suit, within few days of filing the suit, a consent decree has been obtained by the accused No.2 against the accused No. 1 in collusion and material lying at the stockyard of the Company was taken away and, therefore, the Company has filed the aforesaid complaint at Annexure 'A' which is under police investigation.