GOLDEN TREES PLANTATION LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure, 1973, the applicants seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.839 of 2016 pending before the 9th Additional Chief Judicial Magistrate, Jamnagar arising from the Criminal Inquiry No.322 of 2014.

(2.) The facts of this case may be summarized as under; 2. 1 The respondent No.2 herein-original complainant lodged a private complaint against the applicants herein in the court of the learned Chief Judicial Magistrate, Jamnagar for the offence punishable under sections 406, 420 read with section 114 of the Indian Penal Code. The learned Magistrate recorded the verification of the complainant on oath and took cognizance. After taking cognizance, the learned Magistrate thought fit to postpone the issue of process as he ordered police inquiry under section 202 of the Cr.P.C., 1973 The police carried out the inquiry under section 202 of the Cr.P.C., 1973 as directed and filed a report before the learned Magistrate stating that no offence was made out as alleged by the complainant. The learned Magistrate took into consideration the report of the police and the other materials on record, and vide order dated 27th January, 2016, thought fit to issue process against the applicants herein for the offence punishable under sections 406, 420 read with section 114 of the Indian Penal Code.

(3.) Being dissatisfied, the applicants have come up with this application.