CR.MA/3717/2001 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 3717 of 2001 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ====================================== GOVINDBHAI DHARMSHIBHAI Versus STATE OF GUJARAT & another ====================================== Appearance : Mr. Hardik Soni, for Mr. Harin P. Raval for the applicant Mr. K.T. Dave, APP, for respondent No.1 ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 01/09/2008 ORAL JUDGMENT 1 This application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 [for short, 'the Code'], to quash the complaint, C.R. No.I-57 of 2001 registered at Gadhada Police Station, for the offences punishable under Sections 457, 380 and 114 of the Indian Penal Code. 2 The learned counsel for the applicant submits that the complaint is false, frivolous, concocted and obnoxious. That, the complaint is filed after substantial delay of about three years from the date of the alleged incident. That, from a bare perusal of the complaint, it is crystal clear that the alleged offence took place somewhere between 14.12.1997 and 19.6.1998, while the information was given of the alleged offence on 16.4.2001. He further submits that, even for the theft of revolver, which took place about three years before, the names of accused are mentioned in the complaint. He further submits that the applicant herein was outgoing Chairman of the Trust and subsequently elected Office Bearers CR.MA/3717/2001 2/2 JUDGMENT of the Trust have, after election of Trustees of the Trust was over, filed this complaint to harass the applicant out of vengeance. 3 I have heard learned Additional Public Prosecutor and perused the record. 4 A bare perusal of the complaint reveals that on 19th June 1998, while taking the charge, the above-referred revolver was not traceable and, therefore, in the meeting of the Trust dated 30.3.2001, it was found that the revolver was stolen and, therefore, the present applicant has been arraigned as an accused. It further appears from the record that the inventory as well as list of properties are maintained by the Trust, which also includes particulars of properties and, in case of arms, the inventory mentions such weapons also. So far as revolver bearing No. B-8079 is concerned, it is owned by one Narainprakashdasji and the name of one Bhanuprakashdasji is mentioned as retainer in the licence and no particular of second arm is found. Admittedly, the complaint is filed after lapse of two years at a belated stage to harass the applicant. The allegations made in the complaint do not inspire any confidence. In such a situation, continuing the criminal proceeding against the applicant will be an abuse of process of the Court. That being the position, the present case falls within the first category of the cases enumerated in the case of State of Haryana vs. Bhajanlal, reported in (1995) 6 Supreme Court Cases 194 and, as such, warrants interference by this Court in exercise of inherent powers under Section 482 of the Code. 5 In the result, this application is allowed. The complaint, C.R. No.I- 57 of 2001 registered at Gadhada Police Station, for the offences punishable under Sections 457, 380 and 114 of the Indian Penal Code, is quashed. Rule is made absolute. R & P, if any, be sent forthwith. (ANANT S. DAVE, J.) (swamy)