JOGINDER MANOHAR DANGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AFTER the arguments having been concluded by learned counsel Mr. Anjaria at the time of last hearing, the petition was argued de novo by learned Senior Advocate, Mr. Thakore, and it was specifically declared that the petitioner did not propose to withdraw the petition but invited a judgement.

(2.) THE petitioner has invoked provisions of Section 482 of Cr. P. C. read with Article 226 of the Constitution for the relief of quashing Criminal Inquiry Case No. 11 of 2003, in which, by order dated 22. 07. 2005, summons for the offences punishable under Sections 420, 120-B, 34 and 427 of IPC are ordered to be issued to all the five accused persons, one of whom is the petitioner.

(3.) THE original complainant, Gujarat Maritime Board, respondent no. 2 herein, has filed the complaint dated 13. 08. 2003 with elaborate details of the accused persons having assured the complainant about payment of rent, and the plot and the structures thereon being entrusted to the accused persons on the basis of their assurance of regular payment of rent with additional promise of not damaging the premises or the structures thereon. It is alleged in the complaint that, clearly with an intention to cheat right from the inception, the accused persons had, in the name of their company, joined as accused no. 1, occupied the premises, used it for storing imported logs and after about 08 years of such use, have damaged the properties of the complainant on account of fire breaking out in the premises. Thus, a total loss of Rs. 41,09,180/- is alleged to have been caused and that loss and damage, after being subject matter of a civil suit, have resulted on 07. 11. 2007 into the decree which the complainant is unable to execute.