PARTHKUMAR RAMNIKLAL KALAVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants - original accused persons seek to invoke the inherent powers of this Court, praying for quashing of the First Information Report lodged before the D.C.B. Police Station, Rajkot bearing C.R. No.I-5 of 2015 for the offence punishable under Sections 406, 420 and 120B read with 114 of the Indian Penal Code.

(2.) The case of the first informant may be summarised as under: 2.1 The first informant is the owner of a shop situated at the Balaji Hall, Block No.3, Omnagar, Part No.1, 150 Feet Ring Road, Rajkot. She entered into an agreement of leave and license dated 20th June 2013 with the applicant No.1. It is her case that after an about five months from the date of the agreement, she noticed that the applicant No.2 was in possession of the shop and was carrying on his business. She later came to know that the applicant No.1 had unlawfully subletting the shop in favour of the applicant No.2. The applicant No.2 was questioned by the first informant as to how come he was in possession of the shop in question. The applicant No.2 is alleged to have been given a highhanded reply and also threatened the first informant with dire consequences.

(3.) It appears that the respondent No.2 - original first informant, although served with the notice of rule issued by this Court, has chosen not to remain present and oppose this application either in person or through an advocate.