ANVAR AZIMBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS the facts in all the petitions are interconnected, they are being considered by this common Judgement.

(2.) THE short facts of the case appears to be that the petitioner of Special Criminal Application No. 1097/03 filed private complaint before the Chief Judicial Magistrate, First Class, Vadodara being registered as Complaint No. 221/03 against one Bharatbhai Dahyabhai Barot, Sureshbhai Parshottambhai Brahmbhatt and Aminuddin @ Aman Isamaddin Sheikh, for the offences under Sections 465, 466, 467, 467 read with Section 468 and 120b of the IPC on the ground that all the accused formed an unlawful assembly and have concocted the bogus documents and the rights of the original complainant in the property are frustrated. It appears that the learned Magistrate passed an order for holding inquiry under Section 202 of the CRPC. The original complainant being aggrieved by the said order of the learned Magistrate, has preferred Special Criminal Application No. 1097/03 for the relief inter alia to quash and set aside the order of the Judicial Magistrate (Annexure-A) and to direct the Chief Judicial Magistrate to order inquiry under Section 156 (3) of the CRPC. It further appears that pending the petition, the interim stay came to be granted in terms of para 8c. As a result thereof, the operation of the order passed by the Chief Judicial Magistrate remained stayed. Consequently, the inquiry under Section 202 of the CRPC has not proceeded further.

(3.) IT appears that thereafter, the very complainant filed another complaint vide C. R. No. 62/04 with J. P. Road Police Station, Vadodara, on the same accusation of concoction of documents, but in the said complaint, the name of certain accused have been added which were not mentioned in the private complaint. Some of the accused in the said criminal complaint filed before the police have preferred Cr. Misc. Application No. 1496/04 for quashing of the complaint filed before the Police vide CR. No. 62/04. It appears that one of the accused of the said police complaint, viz. Bharatbhai Dahyabhai Barot, has preferred a separate Cr. Misc. Application No. 1652/04 for quashing of the same complaint registered vide CR. No. 62/04 with J. P. Road Police Station, Vadodara. Pending the petition, the investigation pursuant to the complaint appears to have not proceeded further since the interim relief was granted by this Court.