Gujarat High Court
Samirbhai Jayendrabhai Mehta vs State Of Gujarat & on 17 November, 2014
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/4836/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4836 of 2014
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SAMIRBHAI JAYENDRABHAI MEHTA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR HARDIK H DAVE, ADVOCATE for the Applicant(s) No. 1
MR LR PUJARI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 17/11/2014
ORAL ORDER
Issue notice to the respondents, returnable on 17 th December 2014. Mr.Pujari, the learned APP waives service of notice for and on behalf of the respondent no.1 - State of Gujarat.
It appears that an FIR was lodged by the respondent no.2 before the Navsari Police Station, which was registered as II-CR No.26 of 2012 for the offence punishable under Section 507 of the Indian Penal Code. The police investigated the FIR and filed charge-sheet for the offence under Section 507 of the Indian Penal Code. On filing of the charge-sheet, it culminated in Criminal Case No.2657 of 2012 pending as on today in the Court of the learned Chief Judicial Magistrate, Navsari.
The principal argument of the learned advocate is that Page 1 of 2 R/SCR.A/4836/2014 ORDER Section 507 of the Indian Penal Code being non-cognizable offence could not have been investigated by the police without the permission of a Magistrate under Section 155(2) of the Code of Criminal Procedure. According to the learned advocate appearing on behalf of the petitioner, the entire investigation could be said to be illegal, which includes filing of the charge- sheet. It appears that an application was filed before the Chief Judicial Magistrate being Exh.8 for discharge. However, the said application was rejected by the Chief Judicial Magistrate, Navsari, vide order dated 14th June 2013, against which, Criminal Revision Application No.37 of 2013 was filed before the Sessions Court, which also came to be rejected. It appears that both the Courts below have taken the view that although charge-sheet is filed only for the offence under Section 507 of the Indian Penal Code, yet it appears that the case under Section 506 may also be probably made out.
Having heard the learned advocate appearing for the petitioner and having gone through the materials on record, I am of the view that the petitioner has been able to make out a strong prima facie case to have an interim order in terms of para 6(ii). I, accordingly, grant such relief. The respondent no.2 be served directly through the Investigating Officer of the concerned Police Station. Direct service is permitted.
(J.B.PARDIWALA, J.) MOIN Page 2 of 2