KANDHAL SARMAN JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ application has been filed seeking quashing of the FIR bearing C.R.No.I-82 of 2017 registered with Ranavav Police Station, District Porbandar for the offence punishable under Sections 143, 147, 160, 186, 294B, 332, 427 and 504 of the Indian Penal Code, 1860 ('the IPC' for short) read with Sections 3 (1) & 3 (2) of the Prevention of Damage to Public Property Act, 1984 ('the Act' for short).

(2.) The brief facts leading to filling of the present application are as under:

(3.) Learned Senior Counsel Mr.N.D.Nanavati appearing for the applicant has submitted that the impugned FIR itself could not have been filed for the offence punishable under Section 186 of the IPC in light of the statutory bar under Section 195 of the Code of Criminal Procedure, 1973 (Cr.P.C.). Reliance was placed on the judgments of the Supreme Court in the case of State of Karnataka v. Hemareda'y and another, AIR 1981 SC 1417 and State of UP. v. Suresh Chandra Srivastava and others, AIR 1984 SC 1108 and the jugement of this Court in Criminal Misc. Application No.24632 of 2015 and allied matters.