Hadayraj Shivkumar Giri (H. S. Giri) vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 33

GITA GOPI
Hadayraj Shivkumar Giri (H. S. Giri) – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Mr. Virat G. Popat
For the Respondent: Mr. Hardik Mehta, App, Mr. Krunal G Patel

ORDER :

1. Rule. Mr. Hardik Mehta, learned APP waives service of Rule on behalf of the respondent – State and Mr. Krunal G. Patel, learned advocate waives service of Rule on behalf of the respondent no.2.

2. This application has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR bearing CR No.I-9/2019 registered with Navrangpura Police Station, Ahmedabad City for offences punishable under Sections 406, 420 and 114 of the IPC.

3. The complainant – Parvez Ibrahimbhai Kazi was working as Conductor in the Company known as Cadila Pharmaceuticals Ltd. Applicant no.1 is a President of the Union, while the applicant no.2 is Secretary who had filed Reference IT no.3 of 2008 praying for increasing the wages of the labourers. The case came to be disposed of with an increment of Rs.1,500/- to the wagers. The amount which has been received by a Reference was given through cheque in the bank account of the complainant and 53 individuals. It is alleged by the complainant that out of the said amount, Rs.6 lacs per individual was collected by the Union towards legal expenses and the complainant, thus, states that the amount collected was by defrauding