ALPA PRAGJI SIDDHPURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners, who are original accused Nos. 1, 2, 4, 5, 7 and 8 in M. Case No. 1079/2006 pending before the learned Judicial Magistrate, First Class, Khambhalia, have approached this Court with this petition under Section 482 of the Code of Criminal Procedure for quashment of the said complaint. The complaint alleges offences punishable under Sections 494, 496, 498 and 114 of the Indian Penal Code. The Magisterial Court by an order dated 5. 8. 206 took cognizance only for the offence punishable under Section 494 IPC and issued process under Section 204 of the Code of Criminal Procedure.

(2.) LEARNED advocate Mr. Ankur Oza for the petitioners does not press this petition for petitioner No. 1, Alpa Pragji Siddhpura (orig. accused No. 1 ). 2. 1 So far as rest of the petitioners, namely, Pragji Popatbhai Siddhpura, Bhavesh Pragji Siddhpura, Kajal Pragji Siddhpura, Hiraben Pragji Siddhpura and Meghji Karamshibhai Patel, original accused Nos. 2, 4, 5, 7 and 8 respectively, are concerned, on bare perusal of the complaint, it is clear that no allegations are levelled against any of them to constitute the said offence, and learned advocate Mr. Lakhani, in all fairness, concedes to this situation. Learned A. P. P, has also examined the complaint along with the Court and concurs with learned advocate Mr. Lakhani. In this view of the matter, when no case is made out against said petitioner Nos. 2 to 6, powers under Section 482 Cr. P. C, are required to be exercised to prevent abuse of process of law.

(3.) IN light of the above fact-situation, petition stands dismissed as not pressed, so far as petitioner No. 1 Alpa Pragji Siddhpura is concerned. For rest of the petitioners, petition stands allowed. M. Case No. 1079/2006 pending in the Court of learned J. M. F. C. Khambhalia and process issued thereon thereafter, would stand quashed against them. Rule is made absolute to the aforesaid extent.