ORDER :

1. Heard learned advocate Mr. Rathin P. Raval for the applicant and learned APP Ms. Maithili Mehta for the respondent-State. Though served, none has appeared on behalf of respondent No. 2.

2. By way of the present application, the applicant herein has prayed for quashing of the complaint being Criminal Inquiry No. 03/2012, which is pending before the learned Judicial Magistrate First Class, Vadiya, District-Amreli.

3. Learned advocate Mr. Rathin P. Raval submitted that the respondent No. 2 filed a complaint being M. Case No. 01/2010 on 03.12.2010, wherein, the applicant herein is arraigned as accused No. 1 for the charges under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

4. Learned advocate Mr. Raval has further submitted that the said FIR being M. Case No. 01/2010 dated 03.12.2010 is pending investigation before the competent authority and that the respondent No. 2 filed a Criminal Inquiry No. 03/2012 in June-2012 before the Court of learned Judicial Magistrate First Class, Vadiya, for the same offences as alleged in the FIR being M. Case No. 01/2010 dated 03.12.2010.

5. Without going into the merits of the matter, the allegations levelled in the FI