KAUSHIK AMBALAL OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article-226 of the Constitution of India, the petitioners original accused and serving with the Pashchim Gujarat Vij Company Ltd., Adipur, Kutch as Engineers pray for quashing of the Criminal Complaint No. 545 of 2013 filed by the respondent No. 2 herein -original complainant in the Court of the learned JMFC, Anjar - Kutchh of the offence punishable under Sec. 304-A, 337, 338 r/w sec. 114 of IPC.

(2.) It appears from the materials on record that the learned Magistrate vide order dated 6th October, 2012 took cognizance upon the complaint and ordered police inquiry under sec. 202 of the Code of Criminal Procedure, 1973 (for short "the Code"). On receipt of the report of the Police Officer and considering the other materials on record, the learned Magistrate thought fit to issue process against the applicants herein under sec. 204 of the Code for the offence under Sections 337, 338 and 304-A IPC vide order dated 26/8/2013.

(3.) The case of the complainant may be summarized as under:--