Gujarat High Court
Arjunsinh Gemalsinh Sanglod vs State Of Gujarat & on 24 March, 2015
Author: C.L.Soni
Bench: C.L. Soni
R/CR.MA/11675/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11675 of 2014
================================================================
ARJUNSINH GEMALSINH SANGLOD....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
================================================================
Appearance:
MR PREMAL R JOSHI, ADVOCATE for the Applicant(s) No. 1
MR VC VAGHELA, ADVOCATE for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 24/03/2015
ORAL ORDER
1. Since the matter is taken up for final disposal, Rule. Ms. Jhaveri, A.P.P. waives for the Respondent No. 1 and learned Advocate Mr. Vaghela waives for the respondent No. 2.
2. By the present application filed under Section 482 of the Code of Criminal Procedure 1973 ("the Code"), the applicant has prayed to quash F.I.R. at Annexure 'A' registered as CR No. I-15 of 2013 for the offence under Sections 406, 420, 409, 463, 465, 466, 467, 468, 471 and 201 of Indian Panel Code.
3. The gist of allegations made in the F.I.R. is to the effect that by documents including the voucher, the accused named Tusharbhai Narottambhai Patel withdrew the amount of the account holders and Page 1 of 3 R/CR.MA/11675/2014 ORDER deposit holders of the bank and thereby committed offence of misappropriation and other offences as alleged in the F.I.R.
4. It is stated in F.I.R. that while withdrawing such amounts, the passing code of the present applicant who is serving as Branch Manager was unauthorizedly used for the purpose of misappropriation of the amounts and thereby offence of cheating and criminal breach of trust with other offences were committed.
5. Learned Advocate Mr. Joshi for the applicants submitted that this Court since permitted the Investigating Agency to investigate the offences alleged in the F.I.R., the Investigating Agency on completion of the investigation did not find involvement of the present applicant in the offences alleged in the F.I.R.
6. Learned Advocate Mr. Joshi submitted that the applicant in fact was retired honourably as Branch Manager of the bank and there was nothing found against the applicant which could in any way connect the applicant with the offences alleged the F.I.R.
7. Ms. Jhaveri, A.P.P. when was asked as to whether during the investigation any material or any evidence connecting the applicant with the offences alleged could be found, Ms. Jhaveri under the instruction of the Investigating Officer stated that the present applicant is not found involved in the offences alleged in the F.I.R.
8. Learned Advocate Mr. Vaghela appearing for the respondent No. 2 stated that if the investigating agency has not found anything so as to involve the present applicant in the offences alleged, it is for this Court to exercise inherent power under Section 482 for quashing the complaint.
9. Having heard learned Advocates for the parties and having Page 2 of 3 R/CR.MA/11675/2014 ORDER gone through F.I.R, it appears that the applicant is not named and accused to have committed offence of forging documents or of misappropriation of the amounts of account holders and deposit holders, or of cheating or breach of trust in the F.I.R.
10. As stated by Ms. Jhaveri, A.P.P., during the investigation also, nothing was found by the Investigating Agency so as to connect the present applicant with the offences alleged in the F.I.R.
11. In above view of the matter, this Court finds that this is a fit case to exercise inherent power under Section 482 to quash the complaint.
12. For the reasons stated above, the application is allowed. The F.I.R. at Annexure 'A' being CR No. I-15 of 2013 registered with Hansot police Station for the offences under Sections 406, 420, 409, 463, 465, 466, 467, 468, 471 and 201 of Indian Panel Code is quashed. Rule made absolute accordingly. Direct service permitted.
(C.L.SONI, J.) ajay gupta Page 3 of 3