Gujarat High Court Case Information System
Print
CR.MA/5094/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5094 of 2009
=========================================================
DIPA
@ DIPALI JITENKUMAR BRAHMBHATT - Applicant(s)
Versus
GUNVANTBHAI
SHANKARLAL BRAHMBHATT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
PN BAVISHI for
Applicant(s) : 1,
None for Respondent(s) : 1 - 5.
MR RJ GOSWAMI
for Respondent(s) : 6,
MS CM SHAH, APP for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/01/2010
ORAL
ORDER
Petitioner
is one of the accused. He seeks quashing of complaint at Annexure A.
It is, however, an admitted position that the police has already
submitted chargsheet before the appropriate court. In that view of
the matter, I do not find it appropriate to exercise quashing powers.
It is always open for the petitioner to seek discharge if so advised,
in which proceedings, the court concerned can examine the issues in
much larger perspective under section 227 of the Criminal Procedure
Code.
Considering
all these aspects of the matter, I refuse to go into the question of
quashing. Learned advocate for the petitioner drew my attention to
proviso to section 188 of the Criminal Procedure Code to contend that
the alleged offence committed by the petitioner was outside India
and therefore no trial can be conducted with respect to such offence
without the previous sanction of the Central Government. The
concerned court shall bear in mind the said provision before
commencement of trial. Disposed of accordingly. Notice is
discharged.
(Akil
Kureshi, J.)
(vjn)
Top
