RAJESHBHAI JAGDISHBHAI MIYATRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in Criminal Misc. Applications (For Quashing and Setting Aside FIR/Order) is to quash and set aside C.R.No. I-25/2013 and C.R.No. I-23/2013 registered with Samakhiyali Police Station in respect of offences punishable under Sections 447, 323, 504, 506(2) read with Section 114 of the Indian Penal Code filed under section 482 of the Code of Criminal Procedure, 1973 qua the petitioners.

(2.) Petitioners in the FIR were not named and later on came to be arrested on 31.3.2013 and produced before the Judicial Magistrate First Class, Bhachau and upon filing of bail application came to be released upon furnishing bail bond on 1.4.2013. The petitioner of Criminal Misc. Application No. 5035 of 2013 as per allegations in the FIR, telephoned the complainant to release the driver of the truck who was involved in theft cases and by sending 3 persons to whom driver detained by respondent complainant was to be handed over and with the aid of Section 114 of Indian Penal Code offences are registered against him.

(3.) Inspite of referring to certain facts about the incidence it is deemed proper to produce both the FIR's namely FIR being C.R.No. I-23 of 2013 dated 19.3.2013 registered against the driver and employee of the Company for the offences under Section 381 and 114 of Indian Penal Code and the impugned FIR being C.R.No. I-25 of 2013 registered on 25.3.2013 for the offences under Sections 447, 323, 504, 506(2) and 114 of the Indian Penal Code against the petitioners of both these petitions in view of specific contention of law raised about maintainability of 2nd FIR namely 25 of 2013 which accordingly to learned advocate for the petitioner arises out of and in respect of same offence/incident forming part of same transaction as contained in 1st FIR.