RANABHAI PACHANBHAR RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, u/s. 482 of the Code of Criminal Procedure, the petitioners have prayed to quash and set aside the proceedings of Criminal Case No. 341/2000 pending before the Court of learned J. M. F. C. , Anjar, Kutch and subsequently, registered as M. Case No. 8/2000 with Malviyanagar Police Station as also the order issuing process against the petitioners on the said private complaint.

(2.) THE facts in brief are as under;

(3.) MR. Ashish M. Dagli, learned Advocate for the petitioners, has submitted that the private complaint has been filed only with a view to falsely implicate the petitioners and to achieve ulterior motives. The private complaint is a second complaint, in respect of one and the same offence and that for the earlier offence, Sessions Case No. 62/2000 was registered and the accused, Surabhai Hirabhai Rabari, has been acquitted, vide judgment and order dated 08. 02. 2002. Hence, the private complaint registered as M. Case No. 8/2000 and the consequential proceedings initiated by the trial Court, deserve to be quashed and set aside, in exercise of powers u/s. 482 of the Cr. P. C. .