Nilesh Kishorbhai Bhagtani vs State Of Gujarat & 2 on 6 April, 2015

[Cites 9, Cited by 0]

Gujarat High Court

Nilesh Kishorbhai Bhagtani vs State Of Gujarat & 2 on 6 April, 2015

Bench: J.B.Pardiwala

          R/SCR.A/3312/2013                                               ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3312 of 2013

================================================================
                NILESH KISHORBHAI BHAGTANI....Applicant(s)
                                Versus
                  STATE OF GUJARAT & 2....Respondent(s)
================================================================
Appearance:
MR PJ KANABAR, ADVOCATE for the Applicant(s) No. 1
MR. BHAUMIK DHOLARIYA, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2 - 3
MR NJ SHAH, APP for the Respondent(s) No. 1
================================================================

          CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
 
                                Date : 06/04/2015 
                                  ORAL ORDER

1. By this writapplication under Article 226 of the Constitution of India, the applicant has prayed for the following reliefs: "13(A) Your Lordships be pleased to admit this Special Criminal Application.

(B) Your Lordships may further be pleased to quash and set aside the Criminal Complaint registered with Adipur Police Station viz. C.R.No.I85 of 2011 dated 26/05/2011 for the offences punishable u/s.406, 420, 465, 467, 468, 471 & 120B of the Indian Penal Code (Annexure'A' to this petition) qua the petitioner in the facts and the circumstances of the case and in the interest of justice.

(C) Pending admission, hearing and final disposal of this petition Your Lordships may be pleased to stay the further investigation of the Criminal Complaint registered with Adipur Police Station viz. C.R.No.I85 of 2011 dated 26/05/2011, qua the petitioner, for the offences punishable u/s.406, 420, 465, 467, 468, 471 & 120B of the Indian Penal Code (Annexure'A' to this petition) to meet with the ends of justice.

Page 1 of 2

R/SCR.A/3312/2013 ORDER (D) Any other and further relief as deemed fit may kindly be granted."

2. It appears that the applicant herein although was not named in the FIR being C.R.No.I85 of 2011 registered with the Adipur Police Station, Kutch, yet was arrested by the Police in the course of investigation. It appears that on conclusion of the investigation, the Investigating Agency has reached to the conclusion that there is no case to put the applicant to trial. This is the reason why in the chargesheet filed by the Investigating Agency so far as the other coaccused are concerned, the name of the present applicant does not finger as one of the accused person.

3. Mr. Shah, the learned APP after obtaining instructions from the concerned Investigating Officer of the Adipur Police Station submits that he has been dropped as an accused. He has not been sent to trial.

4. In that view of the matter, no further adjudication is required to be done. This petition is disposed of accordingly. The Investigating Officer shall hand over the passport to the applicant within a period of one week from today. Direct service is permitted.

(J.B.PARDIWALA, J.) aruna Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court