BIREN VAISHNAV
Piyeja Mohanbhai Maganbhai – Appellant
Versus
State of Gujarat – Respondent
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 o
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