UMABEN NANDUKUMAR SHODHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case appears to be that the applicant as well as the respondent No. 2 as brother and sister. The mother Sharmisthaben Madhusudan Parekh (now deceased) had executed a registered Will dated 18. 05. 1993, whereby certain properties were given as per the said Will to the applicant and certain properties were given to the respondent No. 2. On the aspects of the Will, there is no dispute.

(2.) IT appears that as per the original complainant-respondent No. 2 herein, in the year 1998, when the locker was opened, it was found that some ornaments of the mother, which as per the orig. complainant were lying in the locker were not there and it is the case of the original complainant that his sister petitioner had taken away one Navlakha Har having value of about 7-8 Lakhs. No action was taken at the relevant point of time except addressing notice to the Bank as well as to the other parties. Thereafter, in the year 2003, the complaint has been filed by the respondent No. 2 on 02. 09. 2003. The learned Magistrate examined the applicant for verification of the complaint and ultimately, has issued process under Section 406 of the IPC. It is under these circumstances, the present petition before this Court for quashing of the complaint.

(3.) HEARD Ms. Nanavati for the applicant. Mr. Raval, learned APP for the State and Mr. Desai for respondent No. 2-orig. Complainant.