1. By this petition under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure, 1973 the petitioner has prayed for quashing the complaint dated 3.7.2004 bearing Criminal Case No. 59 of 2005 as well as order dated 22.1.2013 passed by Metropolitan Magistrate, Court No.19, Ahmedabad.

2. The facts which can be culled out from the record of the petition are as under.

3. That respondent no.2 herein, filed a complaint against five persons including the present petitioner which came to be registered as Police Inquiry Case No. 40 of 2004 for the alleged offences u/s. 406, 420, 468, 471, 506(2), 294(b) and 114 of IPC. The record of the petition reveals that during the pendency of the inquiry before the learned Metropolitan Magistrate, the original accused nos.2 to 5 have expired. The complaint in question recites that the original complainant (respondent no.2) has filed the present complaint on behalf of his mother on the ground that the mother of the complainant is aged, weak and sick and therefore on the basis of special power of attorney the present complaint is filed. The complainant has stated that the mother of the complainant entered