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CR.MA/6934/2003 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6934 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
JAYANT
B PANDYA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MS.ARCHNA RAVAL APP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 24/07/2008
ORAL
JUDGMENT
1. Heard
learned advocate Mr.Oureshi and learned A.P.P. Ms.Archna Raval.
2. After
reading out the F.I.R. to this Court, learned advocate Mr.Qureshi
tried to canvass that none of the offences lodged can be said to have
been constituted from the F.I.R. It is, however, not possible to
agree with him. The charges are for the offences punishable under
Sections 420, 120B, 504, 506 and 511 of the Indian Penal Code.
3. On
reading of the F.I.R., it can be said that Mr.Qureshi is right to the
extent that the offence punishable under Section 420 of I.P.C. is not
constituted. There is no ingredient emerging from the F.I.R. to
constitute the offence punishable under Section 420 of I.P.C. and,
therefore, the complaint, so far as it relates to offence punishable
under Section 420, deserves to be quashed.
4. Learned
advocate Mr.Qureshi has also drawn attention of this Court to the
order passed in Criminal Misc. Application No.7047 of 2003 dated
09.03.2005 wherein, same view is taken in respect of co-accused ?
Umesh R. Rao.
5. In
view of above, F.I.R. being C.R. No.I-494 of 2003 registered with
Pradyuman Nagar Police Station, Rajkot is quashed qua the
applicant-accused No.1 so far as it relates to accusation for the
offence punishable under Section 420 of I.P.C. The Investigating
Officer is free to proceed further with the investigation in respect
of the other offences. Rule is made absolute to the aforesaid extent.
Interim relief granted earlier would stand vacated. Direct service is
permitted.
(A.L.DAVE,
J.)
Hitesh
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