PRAKASH RAMESHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973. In the petition the petitioners have prayed that the First Information Report, being C.R. No. I -22 of 2013 registered with Billimora Police Station and the Criminal Cases No.760 of 2013 and 252 of 2014 arising out of the said F.I.R. pending before the First Chief Judicial Magistrate, Gandevi be quashed and set aside.

(2.) RULE . Learned APP Ms. Punani waives service of notice of Rule for respondents No.1 and 3 and learned advocate Mr. V.K. Bhatia waives service of notice of Rule for respondent No.2 -original complainant. The Registry is directed to accept the Vakalatnama of Mr. V.K. Bhatia, who is appearing for respondent No.2 - original complainant. W ith the consent of learned advocates for the parties this petition is taken up for final hearing.

(3.) LEARNED advocate Mr. Adil Mirza for the petitioners submitted that the F.I.R. Being C.R.No.I -22 of 2013 is filed by respondent No.2 against the petitioners under Sections 326, 504, 506(2), 427 and 114 of the Indian Penal Code. After registration of the said F.I.R. the concerned investigating officer carried out investigation and submitted the chargesheet as Criminal Case No.760 of 2013. Thereafter petitioner No.4 was arrested in connection with the aforesaid F.I.R. and therefore supplementary charge -sheet came to be filed by the said investigating officer, and therefore another Criminal Case No.252 of 2014 has been registered against petitioner No.4. Both the aforesaid cases are pending for trial before the learned First Chief Judicial Magistrate, Gandevi.