CR.MA/6934/2003 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 6934 of 2003 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 ? ========================================================= JAYANT B PANDYA - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR SHAKEEL A QURESHI for Applicant(s) : 1, MS.ARCHNA RAVAL APP for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 24/07/2008 ORAL JUDGMENT 1. Heard learned advocate Mr.Oureshi and learned A.P.P. Ms.Archna Raval. 2. After reading out the F.I.R. to this Court, learned advocate Mr.Qureshi tried to canvass that none of the offences lodged can be said to have been constituted from the F.I.R. It is, however, not CR.MA/6934/2003 2/2 JUDGMENT possible to agree with him. The charges are for the offences punishable under Sections 420, 120B, 504, 506 and 511 of the Indian Penal Code. 3. On reading of the F.I.R., it can be said that Mr.Qureshi is right to the extent that the offence punishable under Section 420 of I.P.C. is not constituted. There is no ingredient emerging from the F.I.R. to constitute the offence punishable under Section 420 of I.P.C. and, therefore, the complaint, so far as it relates to offence punishable under Section 420, deserves to be quashed. 4. Learned advocate Mr.Qureshi has also drawn attention of this Court to the order passed in Criminal Misc. Application No.7047 of 2003 dated 09.03.2005 wherein, same view is taken in respect of co-accused – Umesh R. Rao. 5. In view of above, F.I.R. being C.R. No.I-494 of 2003 registered with Pradyuman Nagar Police Station, Rajkot is quashed qua the applicant-accused No.1 so far as it relates to accusation for the offence punishable under Section 420 of I.P.C. The Investigating Officer is free to proceed further with the investigation in respect of the other offences. Rule is made absolute to the aforesaid extent. Interim relief granted earlier would stand vacated. Direct service is permitted. (A.L.DAVE, J.) Hitesh