ARVINDBHAI SHIVRAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate, Mr. Mahendra K. Patel for the applicant, Ms. Manisha Lavkumar, learned APP for the respondent No. 1-State and learned advocate, Mr. Paresh M. Darji for the respondent Nos. 2 and 4.

(2.) THE case in brief is that the original complainant lodged a complaint before the Court of Judicial Magistrate (First Class), Vadnagar against the respondents Nos. 2 to 5 for the offences punishable under Secs. 406, 420, 447, 465, 476, 468, 471, 473, 504, 506 (2) and 114 of IPC registered as Court Inquiry Case No. 10 of 2008. The trial court has passed order to hold inquiry under Sec. 202 of Cr. P. C. and sent the papers for inquiry to the police. The police on inquiry submitted a report stating that the matter is of civil nature and hence, no action can be taken against the accused persons.

(3.) AS and when the matter came up for hearing before the court, the applicant-original complainant used to take adjournments on many occasions and in the interest of justice, the Court used to adjourn the matter on each occasion and a last chance was given to the original complainant on 21-11-2008. However, on 21-11-2008 also, the complainant did not remain present either personally or through advocate and hence, the Court passed order quashing the complaint taking into consideration the report submitted by the police. Said order is challenged by the present revision by the original complainant.