GOVINDBHAI DHARMSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'], to quash the complaint, C. R. No. I-57 of 2001 registered at Gadhada Police Station, for the offences punishable under Sections 457, 380 and 114 of the Indian Penal Code.

(2.) THE learned counsel for the applicant submits that the complaint is false, frivolous, concocted and obnoxious. That, the complaint is filed after substantial delay of about three years from the date of the alleged incident. That, from a bare perusal of the complaint, it is crystal clear that the alleged offence took place somewhere between 14. 12. 1997 and 19. 6. 1998, while the information was given of the alleged offence on 16. 4. 2001. He further submits that, even for the theft of revolver, which took place about three years before, the names of accused are mentioned in the complaint. He further submits that the applicant herein was outgoing Chairman of the Trust and subsequently elected Office Bearers of the Trust have, after election of Trustees of the Trust was over, filed this complaint to harass the applicant out of vengeance.

(3.) I have heard learned Additional Public Prosecutor and perused the record.