Gujarat High Court Case Information System
Print
SCR.A/349/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 349 of 2010
======================================
RAMESH
RANABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
======================================
Appearance :
MR
KIRTIDEV R DAVE for the petitioners
Mr.
Kartik Pandya, Additional Public Prosecutor, for respondent No.1
MR
YN RAVANI for Respondent(s) :
5,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/03/2010
ORAL
ORDER
This
application under Article 226 of the
Constitution of India read with Section 482 of the Code of Criminal
Procedure, 1973 is filed by the applicant with a prayer to quash
first information report being C.R. No.323 of 2009 registered with
Rajkot Taluka Police Station for the offence punishable under
Sections 302, 396, 143, 147, 148, 149, 188 and 120(B) of the Indian
Penal.
It
is the case of the petitioner that the petitioner is falsely
implicated at the behest of his in-laws and the whole story narrated
in the first information report is concocted. That, there is no
evidence or material on which investigation can be carried out and,
therefore, the first information report may be quashed.
Alternatively, it is prayed that the investigation be transferred.
Heard
the learned advocates for the parties.
A
bare perusal of the first information report reveals that the
petitioner is involved in serious offence and the averments made in
the first information report do disclose all the ingredients of the
offences in question. At this stage, this Court cannot look into the
material or evidence. No interference is called for in exercise of
extraordinary and inherent power of this Court under Article 226 of
the Constitution of India or under Section 482 of the Code. Even no
direction can be given to monitor investigation unless a specific
case is made out. This application is rejected.
(ANANT
S. DAVE, J.)
(swamy)
Top