MAHAVIRSINH RAMSINH RAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . L.B. Dabhi learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1 State of Gujarat and Mr. Ashish Dagli learned Advocate waives service of notice of Rule on behalf of respondent No.2.

(2.) HAVING regard to the facts of the case, with the consent of the learned Advocates for the parties the matter is taken up for hearing today.

(3.) THE facts giving rise to the present petition are that the respondent No.2 herein lodged a complaint before the learned Chief Judicial Magistrate, Porbandar on 17th April, 2007 being Inquiry Case No.14/2007 alleging that the petitioner herein along with another accused had cheated the complainant and committed breach of trust and taken away the complainant -s trailer No. H.R. 55 B 4417 and thereby committed offences punishable under section 406, 420 and 114 of the Indian Penal Code. Pursuant to the said complaint, the learned Chief Judicial Magistrate passed an order directing investigation by the police under section 156(3) of the Code of Criminal Prcedure, 1973 (the Code). The said case was registered as M. Case No.7/2007. In connection with the said case, the investigating officer had seized the trailer in question on 29th May, 2007.