SHRI DIPAK MITESHCHANDRA KHAMBHOLJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners - original accused nos. 1 to 3 in the First Information Report being C.R. No. I - 211 of 1994 with Dakor Police Station, which culminated into filing of a charge-sheet and numbered as Special Case No. 8 of 2003 pending before the learned Special Judge, Anand have come before this Court praying that the same be quashed and set aside.

(2.) A bare reading of the First Information Report indicates that the accused - original petitioners were lawyers practicing in Dakor court. The allegation is that they, by presenting a false identity, were instrumental in getting warrants issued through the Magisterial court. The allegation in the First Information Report therefore are that they were prima facie involved in offences under the Indian Penal Code namely sections 181, 182, 205, 211, 465, 468, 469 and 120B.

(3.) Mr. N.K. Majmudar, learned advocate appearing for the petitioners has contended that the bare reading of the First Information Report would indicate that for the sections invoked under the Indian Penal Code, no offences have been made out. The reading of the First Information Report would indicate, according to Mr. Majmudar, that the ingredients necessary to invoke such sections do not exist and therefore on this count alone the First Information Report should be quashed.