ASHOKBHAI CHANDRAKANTBHAI GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973, has been preferred with the prayer to quash and set aside the complaint bearing Inquiry Case No. 15 of 2011 filed before the learned Chief Metropolitan Magistrate, Ahmedabad by respondent No.2 on 18.11.2011 for the offences punishable under Sections 406, 420, 467, 468, 471, 120­B, 114 of the Indian Penal Code and also under Section 2(a), (c), 7, 8 and 9 of Prevention of Corruption Act, 1988.

(2.) The case of the prosecution in brief is that respondent No.2, who is the original complainant filed one private complaint in the Hon'ble Court of Chief Metropolitan Magistrate of Ahmedabad City on 18.11.2011 for the offences punishable under Sections 406, 420, 467, 468, 471, 120­B, 114 of the Indian Penal Code and also under Section 2(a), (c), 7, 8 and 9 of Prevention of Corruption Act, 1988 against the applicants. It is stated by respondent No.2 in his complaint that he is a member of a registered trust named Ahmedabad Education Society since around 1962, and therefore, he has right to object, dispute, etc. the dispute raised by respondent No.2 in his complaint relates to the election of the above referred trust for the year 2006­2007. with regard to the activities, etc carried out in relation to the performance of the election referred herein above respondent No.2 had alleged that applicants and others have engaged themselves in grave irregularity to get benefit out of election. It is also alleged that applicants and others have prepared false electoral rolls to get advantage in election and it is also further stated that by doing the same applicants and others have tried to ignore, etc., orders passed by the learned Charity Commissioner and has also tried to ignore the authority of an independent body of learned Shri P. J. Dholakia Saheb, etc. It is also prayed in the complaint that Hon'ble Court may send the complaint for investigation u/S. 156(3) of the Code of Criminal Procedure, 1973, to the economic cell of CID Crime Branch, Gandhinagar. On receiving the complaint the Court of learned Chief Metropolitan Magistrate by an order dated 18.11.2011 has sent the above stated complaint for investigation as prayed for to be carried out by Additional Director General of Police, CID Crime and Railways situated at Police Bhavan, Gandhinagar, Gujarat. On passing of this order the complaint came to be registered as Inquiry Case No. 15 of 2011.

(3.) Heard Mr. S. N. Soparkar, learned Senior Counsel with Mr. Rahul R Dholakia, learned Counsel for the applicants, Ms. Moxa K. Thakker, learned Additional Public Prosecutor for respondent No.1­State and Mr. P. K. Pancholi, learned Counsel for respondent No.2.