Biren Vaishnav, J.

1. The present petitioners are the original accused Nos. 1 to 4 in Criminal Case No. 75/2010 pending before the Chief Judicial Magistrate, Radhanpur. Respondent No. 2 is the original complainant who is the proprietor of Nimesh Gas Agency. She has filed the complaint under Sections 465, 467, 471 and 114 of the Indian Penal Code against the petitioners herein who are officers working in different capacities under the Revenue Department/Civil Supplies Department and responsible for enforcing the provisions of the Essential Commodities Act.

2. Before putting out the version of the complainant which is the subject matter of challenge before this Court, facts of a previous complaint filed by the same complainant needs to be set out.

2.1 The Respondent No. 2 (hereinafter referred to as "the complainant") as a proprietor of Nimesh Gas Agency was subjected to checks and inspection by the petitioners (hereinafter referred to as 'the accused") while they had visited the premises pursuant to complaints received that the Gas Agency was indulging in malpractices to enforce the provisions of the Essential Commodities Act. On 19.07.2005, the accused visited the premises of the Gas Agency and inspected the records of the Gas Agency. After having made entries in the visit book, the accused recorded statements of 64 customers of Bottled Gas. When carrying out the recording of statements of customers, it came to the notice of the complainant later that these officers had recorded statement of one Abdul Barik Abdul Rasul who in fact had died on 20.4.1995. Similarly, statement of Memon Faiz Umar, a customer was recorded. After the statement was recorded and signed by accused No. 1, alterations were made in the statement of Memon Faiz Umar by the officers with a separate pen to add certain contents. Notices were issued on 29.07.2005 and 29.12.2005 by these officers and the license of the Gas Agency was canceled. The cancellation of licence was challenged before the competent authority which restored the license.

2.2 The complainant made a representation to the higher officers on 8/2/2006 highlighting the harassment that she faced at the hands of the accused. Having failed to get a suitable response, she approached the Randhanpur Police Station and filed a criminal complaint against the present accused invoking Sections 465, 467, 471 and 120B and 114 of the Indian Penal Code. An FIR being First Information Report No. 69/2007 was registered. It was her case in the complaint that she had received notices on 29.7.2005 and 29.12.2005; that the officials - accused Nos. 1 to 4 had visited her premises on 19.07.2005, signed the visit book at Page No. 8 and then proceeded to record statements of 64 customers. Based on this inspection, the license of the Gas Agency was cancelled by an order under the signature of the accused No. 1 dated 1/2/2006. Copies of statements when were made available to the complainant under the Right to Information Act showed the fact of recording a statement of a dead person. Similarly in the statement recorded of Memon Faiz, in the 13th line of the statement so recorded, alterations with a different pen were made adding words to suggest that gas cylinders were shown at a price of Rs. 400. On reading the alteration, it was evident that such overwriting/alteration was done purposely. It was the case in the complaint No. 69/2007 that the accused, all 4 together, had conspired and abetted to record the statement of a dead person and make alterations in another leading to cancellation of her license causing damage to her reputation. According to her, the accused had, therefore, committed offences under Sections 465, 467, 472, 120B and 114 of the IPC.

2.3 As the complaint so filed was not being dealt with, the complainant approached the High Court as no further action was taken by the police authorities. However, when the High Court was informed that the investigation is in progress and the matter is pending consi