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2011 Supreme(Guj) 128

P.P.BHATT
P. S. I. , A. B. Vataliya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Hardik A. Dave, for the Petitioner No. 1.
Mr. J.K. Shah, APP, for the Respondent No. 1.
Mr. C.H. Vora, for the Respondent No. 2.

Judgment

P.P. Bhatt, J.—The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (‘the Code’ for short) to quash and set aside the complaint at Annexure-’A’ being Criminal Case No. 1125 of 2003 pending before the Court of learned JMFC, Gandhinagar and summons/process issued therein under Section 504 of IPC qua the present petitioner.

2. The aforesaid complaint, being Criminal Case No. 1125 of 2003, was instituted for the offences punishable under Sections 170, 216(A), 218, 219, 419, 420, 455, 504, 506(2) and 114 read with Section 34 of IPC against total five accused persons. The petitioner herein is accused No. 4, against whom summons/process under Section 504 of IPC has been issued.

3. Learned Advocate Shri Hardik A Dave for the petitioner has pointed out facts stated in Para 4 of the petition and submitted that the petitioner is accused No. 4 in the complaint filed by Girdharibhai Khataumal Chandak “Respondent No. 2 herein. The allegations made in the complaint dated 28.01.2003 against the present petitioner are with regard to use of abusive language after having called him (complainant) in the Police Station. On the basis of this complaint, the l








































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