DHAVAL MAHESHBHAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the applicantoriginal accused No.2 seeks quashing of the order of issuance of summons against the applicant dated 16.06.2016 passed by Additional Civil Judge and Judicial Magistrate, First Class, Vapi in Criminal Complaint No.1152 of 2016 and also for quashing and setting aside Criminal Complaint No.1152 of 2016 pending before Additional Civil Judge & Judicial Magistrate, First Class, Vapi.

(2.) The facts of the case as mentioned in the memo of the application are as under:

(3.) Learned Senior Counsel Mr.S.I.Nanavati appearing for the applicants has submitted that there is an inordinate and unexplained delay caused in filing the impugned complaint because, as per the contents of the impugned complaint, the news article was published in the newspaper on 26.07.2013, for which, the impugned complaint came to be filed before the court of concerned Magistrate, Vapi for the alleged offences on 05.01.2015 i.e. nearly after about one and a half year, which itself suggests filing of false complaint against the applicant for oblique motive. It is submitted that if there was damage caused to the prestige of the respondent No.2 because of the publication of the said article(s) then, he should have filed the impugned complaint at the earliest point of time and not after a period of nearly one and half year and accordingly, it is submitted that the concerned Magistrate ought not to have issued process/ summons against the applicant in a mechanical manner, by way of the impugned order and on this ground the impugned order issuing process/ summons deserves to be quashed and set aside.