SHAMBHUBHAI RUDABHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants-?original accused nos.1 and 5 seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No.6393 of 2012 in the Court of the Metropolitan Magistrate, Court No.5, Ahmedabad.

(2.) It appears from the materials on record that the respondent no.2 viz.Dhirajlal Manilal Shah (Puj) lodged a private complaint in the Court of the Metropolitan Magistrate for the offence punishable under Sections-?465, 466, 467, 468, 471, 120B r/w.34 and 114 of the Indian Penal Code. The complaint came to be lodged against in all five persons. On receipt of the complaint, the learned Magistrate thought fit to record the verification of the complainant on oath and ordered a police inquiry under Section-?202 of the Code of Criminal Procedure, 1973. The order dated 17/09/2011 passed in Inquiry No.45 of 2010 directing the police to carry out the inquiry is extracted hereunder:-? -?: ORDER BELOW EXHIBIT-?1:-?

(3.) On receipt of the report of the police and consideration of the other materials on record, the Metropolitan Magistrate proceeded to pass an order of issue of process to the accused nos.1, 2 and 3. The order of the Metropolitan Magistrate issuing process for the offences enumerated above is extracted hereunder:-? Inquiry No. 45 of 2010 Order Below Exh-?1.