RAMESHBHAI S VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Mr.L.B.Dabhi, the learned APP waives service of notice of rule for and on behalf of the respondent no.1 ­ State of Gujarat. Mr.Nitin Gandhi, the learned advocate waives service of notice of rule for and on behalf of the respondent no.2.

(2.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants -original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the proceedings of the Criminal Case No.9868 of 2013 pending in the Court of the learned Metropolitan Magistrate, Court No.16, Ahmedabad, arising from the Inquiry Case No.19 of 2011. The Criminal Case is for the offence punishable under Sections 463, 464, 465, 295A, 120B read with Section 34 of the Indian Penal Code as well as under the provisions of the Juvenile Justice Act, 2000.

(3.) It appears from the materials on record that the respondent no.2 herein, original complainant, lodged a private complaint against the applicants herein for the offence enumerated above in the Court of the learned Metropolitan Magistrate, Ahmedabad. The learned Metropolitan Magistrate ordered a magisterial inquiry under Section 202 of the Code. On conclusion of the magisterial inquiry, the learned Magistrate ordered issue of process for the offence enumerated above.