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CR.MA/3717/2001 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3717 of 2001
For
Approval and Signature:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
======================================
GOVINDBHAI
DHARMSHIBHAI
Versus
STATE
OF GUJARAT & another
======================================
Appearance :
Mr.
Hardik Soni, for Mr. Harin P. Raval for the applicant
Mr.
K.T. Dave, APP, for respondent
No.1
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/09/2008 ORAL JUDGMENT
1 This
application is filed by the applicant under Section 482 of the Code
of Criminal Procedure, 1973 [for short, ‘the Code’], to quash the
complaint, C.R. No.I-57 of 2001 registered at Gadhada Police Station,
for the offences punishable under Sections 457, 380 and 114 of the
Indian Penal Code.
2 The
learned counsel for the applicant submits that the complaint is
false, frivolous, concocted and obnoxious. That, the complaint is
filed after substantial delay of about three years from the date of
the alleged incident. That, from a bare perusal of the complaint, it
is crystal clear that the alleged offence took place somewhere
between 14.12.1997 and 19.6.1998, while the information was given of
the alleged offence on 16.4.2001. He further submits that, even for
the theft of revolver, which took place about three years before, the
names of accused are mentioned in the complaint. He further submits
that the applicant herein was outgoing Chairman of the Trust and
subsequently elected Office Bearers of the Trust have, after
election of Trustees of the Trust was over, filed this complaint to
harass the applicant out of vengeance.
3 I
have heard learned Additional Public Prosecutor and perused the
record.
4 A
bare perusal of the complaint reveals that on 19th June
1998, while taking the charge, the above-referred revolver was not
traceable and, therefore, in the meeting of the Trust dated
30.3.2001, it was found that the revolver was stolen and, therefore,
the present applicant has been arraigned as an accused. It further
appears from the record that the inventory as well as list of
properties are maintained by the Trust, which also includes
particulars of properties and, in case of arms, the inventory
mentions such weapons also. So far as revolver bearing No. B-8079 is
concerned, it is owned by one Narainprakashdasji and the name of one
Bhanuprakashdasji is mentioned as retainer in the licence and no
particular of second arm is found. Admittedly, the complaint is filed
after lapse of two years at a belated stage to harass the applicant.
The allegations made in the complaint do not inspire any confidence.
In such a situation, continuing the criminal proceeding against the
applicant will be an abuse of process of the Court. That being the
position, the present case falls within the first category of the
cases enumerated in the case of State of Haryana vs. Bhajanlal,
reported in (1995) 6 Supreme Court Cases 194 and, as such, warrants
interference by this Court in exercise of inherent powers under
Section 482 of the Code.
5 In
the result, this application is allowed. The complaint, C.R. No.I-57
of 2001 registered at Gadhada Police Station, for the offences
punishable under Sections 457, 380 and 114 of the Indian Penal Code,
is quashed. Rule is made absolute. R & P, if any, be sent
forthwith.
(ANANT
S. DAVE, J.)
(swamy)
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