JUDGMENT :

M.R. Shah, J.

Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-herein the then District Superintendent of Police, Porbander to quash and set aside the Criminal Case No.13129 of 1998 pending in the Court of learned JMFC, Porbandar instituted pursuant to the complaint made by the respondent no.2 herein for the offences punishable under Sections 330, 324 r/w Section 34 of the Indian Penal Code.

2. The facts leading to the present Criminal Miscellaneous Application in nutshell are as under:

3. That one FIR was lodged with Kamalabaug Police Station, Porbandar being CR.No.I-43 of 1994 by one Shri B.S. Chahaun PSI and Reader to the DSP, Porbandar on 8.3.1994 against 22 accused persons for the offences punishable under Section 121, 122, 123, 120-B r/w Section 34 of the Indian Penal Code as well as under Section 25(1) b(a) and 25(1)a(a) of Arms Act and Sections 3, 4 and 5 of the Terrorist and Destructive Activities (Prevention Act), 1987. That respondent no.2 herein was not named in the said FIR. That respondent no.2 herein who was arrested in connection with the another offence under the C.O.F.E.P.O.S.