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2015 Supreme(Guj) 192

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Jivanbhai Devjibhai Bhogayata – Appellant
Vs.
Mohanbhai Purshottam Mokariya Brahmin and Ors. – Respondent
Special Criminal Application (Quashing) No. 3927 of 2013 and Special Criminal Application Nos. 65, 317 and 663 of 2014
Decided On: 10.04.2015

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:F.B. Brahmbhatt, Advocate
For Respondents/Defendant:Pinakin M. Raval, Advocate

The main legal point established in the judgment is that the complaints were an abuse of the process of law and the criminal machinery, and none of the essential ingredients to constitute an offence under the mentioned sections were spelt out.

Headnote:

Abuse of Process of Law - Criminal Intimidation - Sections-507, 504, 506(2), 294(B) of the I.P.C. - Section-507, Section-294(B), Section-506(2) - The court found that the FIRs lodged against the accused were an abuse of the process of law and the criminal machinery. It highlighted the essential ingredients of the relevant sections and concluded that none of the ingredients to constitute an offence under the mentioned sections were spelt out. The court also emphasized that the complaints were a result of business rivalry and ordered the respective FIRs to be quashed.

Fact of the Case:

The accused sought quashment of four F.I.Rs lodged against him for the offence punishable under Sections-507, 504, 506(2), and 294(B) of the I.P.C. The accused claimed that the FIRs were false and lodged due to a long-standing business rivalry.

Finding of the Court:

The court found that the FIRs were an abuse of the process of law and the criminal machinery. It concluded that none of the essential ingredients to constitute an offence under the mentioned sections were spelt out.

Issues: The main issue was whether the FIRs should be quashed.

Ratio Decidendi: The court emphasized that the complaints were a result of business rivalry and highlighted the essential ingredients of the relevant sections, concluding that none of the ingredients to constitute an offence under the mentioned sections were spelt out.

Final Decision: The court ordered the respective FIRs to be quashed and all consequential proceedings pursuant thereto stand terminated.

JUDGMENT

J.B. Pardiwala, J.

1. Since the issues involved in all the captioned applications are more or less the same and the question of law involved is also the same, those were heard analogously and are being disposed of by this common judgment and order.

2. By these writ-applications, the applicant-original accused seeks quashment of four F.I.Rs lodged against him by four different individuals for the offence punishable under Sections-507, 504, 506(2) and 294(B) of the I.P.C.

3. It is the case of the applicant that all the four FIRs registered against him are false and the same have been lodged at the instance of one Rambhai Mokariya due to a long standing business rivalry. All the four first informants are employees of Rambhai Mokariya, the Chairman and Managing Director of a Company running in the name of Maruti Courier Services Private Limited.

3.1 Special Criminal Application No. 663 of 2014:-

In this application, the challenge is to the FIR filed by the respondent No. 2- original first informant dated 25.01.2014 for an incident of alleged administration of threats on a telephone dated 11.11.2013. Thus, after a delay of almost more than 02 months, the F.I.R. being C.R. No. II-3012 of 2014 was registered with the Dhangandhra Police Station, Surendranagar for the offence punishable under Section-507 of the I.P.C.

3.2 Special Criminal Application No. 317 of 2014:-

In this application, the challenge is to the FIR filed by the respondent No. 2- original first informant dated 19.11.2013 for an incident of alleged administration of threats on a telephone dated 19.11.2013. The F.I.R. being C.R. No. II-3095 of 2013 was registered with the Rakhiyal Police Station, Ahmedabad for the offence punishable under Section-507 of the I.P.C.

3.3 Special Criminal Application No. 3927 of 2013:-

In this application, the challenge is to the FIR filed by the respondent No. 2- original first informant dated 09.12.2013 for an incident of alleged administration of threats on a telephone dated 08.12.2013. The F.I.R. being C.R. No. I-3091 of 2013 was registered with the Lodhika Police Station, Rajkot (Rural) for the offence punishable under Sections-504, 507 r/w. 114 of the I.P.C.

3.4 Special Criminal Application No. 65 of 2014:-

In this application, the challenge is to the FIR filed by the respondent No. 2- original first informant dated 01.12.2013 for an incident alleged to have been committed on 29.05.2013. Thus, after a delay of almost more than 07 months, the F.I.R. being C.R. No. II-3193 of 2013 was registered with the Anandnagar Police Station, Ahmedabad for the offence punishable under Sections-294(B) and 506(2) of the I.P.C.

4. Mr. F.B. Brahmbhatt, the learned advocate appearing on behalf of the applicant vehemently submitted that the FIRs lodged against his client are with an oblique motive. He submits that it is nothing but an abuse of the process of law and the criminal machinery. He submits that his client is being harassed by one Rambhai Mokariya, who is engaged in the business of Courier Services. Mr. Brahmbhatt submitted that the applicant herein was also one of the Directors of 'Maruti Courier Services Limited' alongwith Rambhai Mokariya. He submitted that his client came to be removed as a Director illegally. Later on, his client floated his own Company running in the name of 'Maruti Nandan Courier Services Limited'. He submits that his client is doing very well in the business and on account of business rivalry, Shri Rambhai Mokariya, through his own employees has started harassing the applicant in one way or the other by lodging false FIRs.

5. Mr. Brahmbhatt submits that even if the entire case of the prosecution is accepted to be true, none of the ingredients to constitute an offence punishable under Sections-507, 506(2), 504 of the I.P.C. are spelt out. He submits that if the Police Officers are allowed to continue with the investigation of such FIRs, then the same will be nothing but gross misuse of the criminal machinery. He, therefore, pr





































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