SHARVIL CHEKIT PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, the Director with his wife in Altius Travels Pvt. Ltd. registered under the provisions of the Companies Act, 1956 has approached this Court under Articles 226 of the Constitution of India r/w Section 154 of the Code of Criminal Procedure, 1973.

(2.) Earlier, the petitioner had approached this Court by preferring Special Civil Application No. 2879 of 2018 for omission to register the FIR. Therefore, this Court vide its order dated 19.04.2018 passed following order:-

(3.) It is the say of the petitioner that he has received communication from Police Inspector, Shri. V.B. Barad, Cyber Crime Cell, Crime Branch, Ahmedabad City on 14.05.2018 conveying to the petitioner that one Shri Jayanth Murthy has lodged the FIR vide C.R. No. II-3028 of 2017 on 25.03.2017 under Sections 406, 420, 464, 467, 468, 471, 120B and 114 of the Indian Penal Code and Sections 66(C) and (D) of the Information Technology Act, wherein one Mr. Luis Gudinho is arraigned as an accused. It is also conveyed that since the FIR is already registered pertaining to the very facts, second FIR cannot be registered based upon the same facts. Thereafter, the statement of the present petitioner was recorded on 21.04.2017 in this regard.