Yagnesh B Shukla & 3 vs State Of Gujarat & on 7 August, 2014

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Gujarat High Court

Yagnesh B Shukla & 3 vs State Of Gujarat & on 7 August, 2014

Bench: Z.K.Saiyed

        R/SCR.A/2273/2009                                        JUDGMENT




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2273 of 2009

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE Z.K.SAIYED
=========================================

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 ?

=============================================
               YAGNESH B SHUKLA & 3....Applicant(s)
                             Versus
               STATE OF GUJARAT & 1....Respondent(s)
=============================================
Appearance:
MR PS CHAMPANERI, ADVOCATE for the Applicant(s) No. 1 - 4
MR BN LIMBACHIA, ADVOCATE for the Respondent(s) No. 2
MR HK PATEL, APP for the Respondent(s) No. 1
=============================================

        CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED
                   Date : 07/08/2014

                               ORAL JUDGMENT

1. Challenge in this petition is the order dated 7.9.2009 passed by the learned Magistrate, Metropolitan Magistrate Court No.22, Ahmedabad, in Criminal Case No. 1755 of 2009, whereby the learned Magistrate has directed to issue process against the petitioners herein for the offence under Sections 408, 420, 114 and 34 of the Indian Penal Code.

2. This Court vide order dated 16.11.2009 issued Rule Page 1 of 3 R/SCR.A/2273/2009 JUDGMENT returnable on 3.12.2009 and also the notice as to interim relief returnable on the same day, and granted ad-interim relief in terms of Para - 11 (B).

3. Heard learned Counsel Mr. Champaneri, appearing on behalf of the petitioner, learned A.P.P. Mr. Patel, appearing on behalf of the respondent No.1 - State of Gujarat and learned Counsel Mr. Limbachiya, appearing on behalf of respondent No.2 - original complainant.

4. Learned Counsel Mr. Champaneri for the petitioner has contended that the petitioner is serving as Assistant Professor at Sardar Vallabhbhai Patel Institute of Technology, petitioner No.2 is the wife of petitioner No.1 and petitioners No.3 & 4 are the parents in law and petitioner No.5 is the infant daughter, aged 5 years, of the petitioner No.1. He has contended that false and frivolous complaint has been filed by the respondent No.2 herein against the petitioners and the learned Magistrate has, without considering the main ingredients of Section 405 and 415 of I.P. Code, has issued process against the petitioners. He has contended that the complaint does not disclose the ingredients of the alleged offences against the petitioners. He has contended that if the complaint is considered as a whole, it can be seen that the complainant intended to entrust the research work and development of BLDC, AC Servo Control Motors and in the research work of development of such Electric Motors the result could not be achieved by the complainant and on failure of such research a false complaint has been filed. He has contended that the order of process issued by the learned Magistrate is without application of mind and against the provision of law and, therefore, the same requires to be quashed.

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R/SCR.A/2273/2009 JUDGMENT

5. Learned Counsel Mr. Limbachiya, appearing on behalf of the respondent No.2 - original complainant has fairly conceded that, prima-facie, no case is made out against the petitioners. However, he has submitted that petitioner will file Suit for damage against the present petitioners or will file appropriate criminal proceeding against the petitioners before the appropriate forum and at that time the question of limitation would not come in the way of the petitioner. Learned Counsel Mr. Champaneri has submitted that if law permits the respondent No.2 - original complainant can file appropriate proceeding before the appropriate forum.

6. I have gone through the papers produced before me and also considered the submissions advanced by the learned Counsel for the respective parties. On going through the papers, I am of the opinion that, prima-facie, the main ingredients of Section 405 & 415 of I.P. Code are not established against the petitioners. Therefore, the order of issuing summons against the petitioners is required to be quashed.

7. In the result, the petition is allowed. The order dated 7.9.2009, passed by the learned Metropolitan Magistrate, Court No.22, Ahmedabad, of issuing summons against the petitioners for the offences under Section 408, 420, 114 and 34 of I.P. Code is hereby quashed. However, it is open for the respondent No.2 - original complainant to file Civil Suit for damage or the appropriate criminal proceeding before the appropriate forum, as may be permissible in law. Rule is made absolute accordingly.

(Z.K.SAIYED, J.) SAS Page 3 of 3

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