DINESHBHAI @ MUKESHBHAI JITABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the applicants - original accused prayed for quashing of the proceedings of the Criminal Case No.1824 of 2014 pending in the Court of the learned Judicial Magistrate, First Class, Khedbrahma arising from the First Information Report being I­C.R. No.22 of 2014 lodged by the respondent No.2 herein at the Khedbrahma Police Station for the offence punishable under Sections 392, 323, 504, 506(2) read with 114 of the Indian Penal Code.

(2.) The case of the prosecution may be summarized as under:

(3.) Mr. J.T. Trivedi, the learned counsel appearing for the applicants vehemently submitted that the First Information Report lodged by the respondent No.2 is palpably false. He submitted that the lodging of the First Information Report is nothing, but a desperate attempt on the part of the first informant to get the shop vacated. Mr. Trivedi submitted that his client i.e. the applicant No.1 invested a huge amount for the purpose of running the medical store and all of a sudden, the first informant started pressurizing his clients to vacate the shop, thereby causing lot of hardships. Mr. Trivedi submitted that for any reason if the landlord wants his premises back, he has to act in accordance with law, but he cannot take the law in his own hands. He submitted that only with a view to get the the premises vacted from the applicants and to compel them to hand over the possession of the shop, the F.I,R. came to be lodged levelling an absolute false, frivolous and vexatious allegations.