HAFIZ HAJI KASAMBHAI JUNEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is accused No. 2 in Criminal Case No. 1115 of 2005, pending before Chief Judicial Magistrate, Jamnagar, has sought quashment of the said complaint alleging offences punishable under Sections 500 and 34 read with Section 114 of the Indian Penal Code, on the ground that there are no allegations or averments of any overt act made in the complaint against the petitioner and, therefore, the complaint may be quashed and the petitioner may be relieved of facing the trial.

(2.) HEARD learned Advocate, Mr. P. M. Lakhani, for the petitioner, learned Advocate, Mr. Nehul L. Dave, for respondent No. 2 and learned Additional Public Prosecutor, Mr. U. A. Trivedi, for respondent No. 1-State.

(3.) MR. Lakhani has pressed into service the same ground that there is no allegation or averment in the complaint against the petitioner, who is arraigned as accused No. 2, in the complaint accusing him of any overt act except a stray and vague averment that the complaint is filed by the complainant in conspiracy with her father, i. e. present petitioner. Learned Advocate, Mr. Dave, also could not point out any allegation or averment in the complaint which would constitute the offence alleged. The petition, therefore, deserves to be allowed.