DILIPBHAI MANSUKHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Criminal Application No.245 of 2007 has been filed by the petitioner original complainant on 21st November, 2006 for an appropriate writ, direction and/or order for transferring Inquiry Case No. 28 of 2005 pending in the Court of learned Chief Judicial Magistrate, Prantij, which has been sent for investigating under section 156(3) of the Cr.P.C. to Prantij Police Station for investigation where it has been numbered as M Case No.13 of 2005 to C.I.D. (Crime) (Economic Wing), Gandhinagar by further directing the I.O. of C.I.D. (Crime) (Economic Wing), Gandhinagar to submit investigation report and file charge-sheet against the respondent Nos.2 to 5.

(2.) Criminal Misc. Application No.8842 of 2005 has been filed by the applicants original accused Nos.1 to 4 to quash and set aside the aforesaid complaint being M Case No.13 of 2005 registered with Prantij Police Station and Inquiry Case No.28 of 2005 pending in the Court of learned JMFC, Prantij.

(3.) At the outset, it is required to be noted that during the pendency of the Criminal Misc. Application No.8842 of 2005, charge-sheet is already filed against the accused persons i.e. applicants of Criminal Misc. Application No. 8842 of 2005 in the month of November 2006 for the offences under sections 406, 420 and 114 of the I.P.C. and therefore, Criminal Misc. Application No.8842 of 2005 is not entertained and the applicants original accused are relegated to submit an appropriate application for discharge before the appropriate concerned Court under section 227 of the Cr.P.C. with an observation that as and when such an application is made, the same shall be considered by the learned trial court in accordance with law and on its own merits.