LAWS(GJH)-2017-3-655

ROMESHBHAI Vs. STATE OF GUJARAT

Decided On March 30, 2017
Romeshbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application has been preferred by the applicants-accused under section 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the complaint, being Criminal Misc. Application No. 20 of 2012 registered with the Principal Judicial Magistrate, First Class, Vadnagar District: Mehsana with exemplary cost.

(2.) Brief facts of the case are that on 30.07.2011, the husband of the respondent no.2 filed a complaint, being C.R. No. I-57/2011 with Vadnagar Police Station for the offence punishable under Sections 366, 380 and 114 of the Indian Penal Code stating therein that on 10.06.2011, he received a message from his wife Rukaiyaben on telephone that his daughter Najma had taken away Rs. 20,000/- from his house on 09.06.2011, which were received by him from LIC and she had also taken 2 to 3 pairs of her clothes, which were also found missing. That, they waited up to next day morning, but she did not return, and thereafter an application was given to Vadnagar Police Station, being Janva Jog entry No. 25/11 on 14.06.2011. That, on further inquiry, he learnt that his daughter Najma was taken away by the applicant no.1 with a gold chain of 1 tola, which she use to put on her body and thereby, complaint mentioned above came to be filed. Thereafter, a Criminal Misc. Application No. 14387/2011 was filed before this Court by the present applicant no.1 and Najmabano-daughter of respondent no.2 for quashing of the above said complaint, and after hearing, the said complaint was quashed. After quashing the complaint, once again, the respondent no.2 herein filed one application under section 97 CrPC, 1973 being Criminal Misc. Application No. 20/2012 for issuing a search warrant of legally wedded wife of the applicant no.1, and therefore, this application is filed by the applicants to quash and set aside the said application.

(3.) Heard learned advocate Mr. Maharshi Patel for HL Patel Advocates appearing on behalf of the applicants, learned advocate Mr. R.B. Thakor appearing on behalf of the respondent no.2 and learned APP Mr. K.P. Raval appearing on behalf of the respondent no.1-State.