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2023 Supreme(Guj) 689

J. C. DOSHI
Rajendra Nilkanthbhai Mishra – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PRATIK Y JASANI
For the Respondent: MS ASMITA PATEL

JUDGMENT :

By way of this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks challenge the quashment of the FIR registered as CR No.II-61 of 2015 with A Division Police Station, Rajkot for the offence punishable under Section 186 of the Indian Penal Code.

2. The facts which can be garnered from the FIR is that the petitioner is a businessman involved in the transportation business and on 17/10/2015 at about 11:00 hours, respondent no.2 went to the offence of the petitioner for serving summons issued in the name of aged father of the petitioner which pertains to Criminal Case No.6145 of 1999. According to the petitioner, at the relevant time, office was under renovation and the labourer present there asked the Constable to visit the second office. It is alleged that respondent no.2 had visited the second office of the petitioner and used unparliamentary language threatening the petitioner with the dire consequences. Since the petitioner did not accept the summons which was in the name of the aged father of the petitioner, some dispute took place between both the parties. In the background of above facts, respondent No.2 filed the FIR alleging that the p

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