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CR.MA/3996/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3996 of 2011
=========================================================
SANJAYBHAI
VIRSANGBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SAMIR J DAVE for
Applicant(s) : 1,
MR LR PUJARI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/03/2011
ORAL
ORDER
1. The
petitioner – original accused has filed this application under
Section 482 of Code of Criminal Procedure, 1973 with a prayer to
quash and set aside the complaint being C.R. No. I – 6 of 2001
registered with Motakhuntwada Police Station, District Bhavnagar
insofar as it alleges the offence punishable under Section 450 of
Indian Penal Code.
2. It
is submitted by learned advocate Mr.Samir Dave for the petitioner
that no offence is made against the petitioner under Section 450 of
IPC as when the incident took place the complainant is not in her
house but she was outside her house, so prima facie no offence is
made out under Section 450 of IPC, and therefore, there is no
criminal tresspass which would attract the provisions of Section 450
of IPC. Reliance is placed on a decision of the Hon’ble Apex Court
in the case of State of Haryana vs. Bhajan Lal reported in 1992
Supp(1) SCC 335. It is submitted by learned advocate for the
petitioner that as per this judgment the present case when prima
facie the case under Section 450 of IPC is not made out, then in
light of the aforesaid judgment of Bhajanlal’s case (supra), the
Court should quash the complaint qua offence punishable under Section
450 of IPC.
3. Heard
learned APP Mr.L.R.Pujari for the respondent-State. It is submitted
by Mr.Pujari that if no offence is made out under Section 450 of IPC
then the Investigating Officer will look into the matter and will
also take appropriate steps, and if it is necessary then the I.O.
will file the chargesheet only for the offence which are made out in
the complaint.
4. The
complaint is lodged on 11.2.2011. The investigation is at a
preliminary stage. Prima-facie serious offence is made out under
Section 354 of IPC. Whether the offence under Section 450 of IPC is
made out or not, it cannot be said at this stage, as observed above,
the investigation is at a preliminary stage.
5. In
view of the above, the application is summarily rejected. It is
clarified that the Investigating Officer will look into the matter,
and after considering the allegations made in the complaint, then
take appropriate steps for applying appropriate sections.
(
M.D. SHAH, J. )
syed/
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