GOPALBHAI RAMESHBHAI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In substance, Gopalbhai Ramanbhai Soni and his son Jayprakash by this Misc. Criminal Application under Sec. 482 of the Criminal Procedure Code, 1973 have moved this Court inter alia praying for quashing and setting aside the process issued by the Learned Metropolitan Magistrate, Court No. 9, Ahmedabad pursuant to the allegedly false complaint filed by Shri Mukesh Kumar Madhubhai Patel- respondent No. 2 for the alleged offences punishable under Sees. 323, 294, 506(2) and 114 of the Indian Penal Code.

(2.) Perused the complaint and memo of petition. Heard learned Advocate Mr. A.M. Parekh appearing for the petitioner and Mr. A.J. Desai, learned APP appearing for the respondent-State.

(3.) Bearing in mind the decision of the Supreme Court rendered in the case of K.M. Methew vs. State of Kerala, reported in AIR 1992 SC 2206, and further having regard to the facts and circumstances of the case, this matter is remanded to the trial court. The reason is that the order issuing process is an interim order and not a judgment. It can be varied or recalled. The fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused.