BRIJ SETHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.M.B.Gandhi, learned advocate with Mr.Ravi Karnavat, learned advocate for the petitioners, Mr.Manish Patel, learned advocate for the respondent No.2 and Mr.I.M. Pandya, learned Additional Public Prosecutor for the respondent No.1 State of Gujarat.

(2.) BY this application under Section 482 of the Code of Criminal Procedure, 1973 (the Code), the petitioners have prayed to quash the Criminal Complaint No.3806 of 2006 pending before the Court of the learned Metropolitan Magistrate, Court No.4, Ahmedabad together with the process issued thereunder qua the petitioners.

(3.) THE facts of the case stated briefly are that the respondent No.2 herein had lodged a complaint before the learned Metropolitan Magistrate, Ahmedabad alleging commission of offences under Sections 406, 420, 31 and 114 of the Indian Penal Code, which was registered as Criminal Case No.3806 of 2006. By an order dated 29th September, 2006, the learned Metropolitan Magistrate had directed court inquiry under the provisions of Section 202 of the Code and subsequently, by an order dated 16th October, 2006, directed that complaint be registered against the petitioners for offences punishable under Sections 406, 420 and 114 of the Indian Penal Code, and ordered issuance of process. Being aggrieved, the petitioners have filed the present application, seeking quashment of the said complaint and the process issued thereunder.