AJITSINGH BUDDHSINGH CHAWLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinaft referred to as "the Code"), the petitioners have prayed for quashing and setting aside FIR being C.R.No.11191025201036 registered with Kagdapith Police Station, for the offences punishable under Ss. 406 , 420 , 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.

(2.) The Respondent No. 2 herein by way of the impugned FIR has made allegations against the present Applicants that, the Applicant No. 1 herein used to visit Ahmedabad often for the purpose of purchasing finished cloth and thereafter the Respondent No. 2 and the Applicant No. 1 came in contact with each other.

(3.) Learned advocate for the respondent - first informant after reading FIR in question raised multiple submissions. Firstly, he submitted that FIR disclose essential ingredient of Sec. 406 and 420 of IPC. In typical modus operandi the petitioners have withheld relevant information in order to foist a false case that the subject matter is pertaining to civil dispute and powers of this Hon'ble Court are required to be invoked under Sec. 482 of Code of Criminal Procedure, 1973. Therefore, it is submitted that essential ingredient of Sec. 406 and 420 of IPC is made out. Therefore, he submits to dismiss the petition. He would further submit that when the investigation officers went to Ludhiana, accused persons did not co-operate in investigation and now the investigation is virtually stall in spite of the fact that there is no such stay on investigation. Thus, the accused persons are taking disadvantage of the interim relief granted by this Hon'ble Court. He would further submit that accused persons are trying their best to make the proceedings initiated by the respondent-complainant as infructuous. To buttress his submission, he has referred to and rely upon the judgment of the Hon'ble Apex Court in case of Priti Saraf and another Vs. State of NCT of Delhi and another , 2021 SCC Online SC 206.