NILESH HARIPRASAD BAXI Vs. HARAKHCHAND SOJPAL SHAH

JUDGEMENT

(1.) PRESENT petition under Article 226 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure has been preferred by the petitioners original accused of Criminal Inquiry No. 149 of 2006 pending in the court of learned the learned Judicial Magistrate (First Class), Jamnagar to quash and set aside the said Criminal Inquiry No. 149 of 2006.

(2.) IT appears that at the time and when the Award was passed there was an understanding that one of the family members of the original land owner would be offered employment/service. Alleging that the said promise has not been fulfilled and employment / service was not offered to the respondent No. 1 original complainant the respondent No. 1 original complainant filed the aforesaid criminal complaint being Criminal Inquiry No. 149 of 2006 against the petitioners original complainant in the court of learned Chief Judicial Magistrate, Jamnagar for the offences punishable under secs. 420 read with sec. 114 of Indian Penal Code and in the said complaint, the learned Judicial Magistrate (First Class), Jamnagar vide order dtd. 13/11/2006, ordered inquiry under sec. 202 of the Code of Criminal Procedure. Being aggrieved by and dissatisfied with the same, the petitioners original accused has preferred present petition under Article 226 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure.

(3.) MR. K. S. Nanavati, learned senior advocate has appeared on behalf of the petitioners accused and Ms. Trusha Patel, learned Additional Public Prosecutor has appeared on behalf of the State. Though served nobody appears on behalf of the respondent No. 1 original complainant.