CR.MA/205/2004 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 205 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= CHAUDHARI MADHUBHAI KESHABHAI - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR SUTHAR FOR MR NK MAJMUDAR for Applicant(s) : 1, MS.ARCHNA C RAVAL APP for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 24/07/2008 ORAL JUDGMENT 1. Heard learned advocate Mr.Suthar for Mr.N.K. Majmudar for the petitioner – original accused No.3 in Police Inquiry No.108 of 2003 pending before J.M.F.C., Mehsana. He submitted that the petitioner is indicated as accused No.3 in the complaint lodged before the J.M.F.C., Mehsana but there is no material in the complaint to make out a case of the charges CR.MA/205/2004 2/2 JUDGMENT levelled against the accused persons for the offences punishable under Sections 420,406 and 120B of the Indian Penal Code and the complaint made, therefore, be quashed. 2. The plain reading of the complaint indicates that the complainant has made allegations against accused Nos.1 and 2. So far as the petitioner is concerned, he is shown as accused No.3 and a passing reference is made in the complaint against the petitioner to the effect that accused Nos.1 and 2 have started process of selling the property in question to accused No.3 i.e. the present petitioner. No role is attributed and no allegations are made to make out an offence punishable under Sections 420, 406 and 120B of the I.P.C. The complaint being Police Inquiry No.108 of 2003, is, therefore, deserves to be quashed against the petitioner and the same is quashed against the petitioner. Rule is made absolute to the aforesaid extent. (A.L.DAVE, J.) Hitesh