JUDGMENT :

J.C. DOSHI, J.

1. Heard learned advocate Mr. R.C. Kakkad for the petitioner, learned advocate Mr. P.P. Majmudar for the respondent No. 2 and learned APP Ms. Asmita Patel for the respondent-State.

2. By way of this petition u/s 482 of the Code of Criminal Procedure, 1973 (in short “the Code”) the petitioner prayed to quash and set aside FIR being I-C.R. No. 29 of 2015 registered with Bhanvad Police Station u/s 379 of the IPC.

3. The brief facts of the case are that the impugned FIR is lodged against the petitioner herein, inter-alia on the ground that the complainant has kept his black coloured Scorpio car bearing registration No. GJ 24 A 3890 outside his residence. The glass of the front side window was not properly working and therefore, was slightly open. The complainant slept at 10:30 in the night. On the next day, when the complainant wake up, he found that his Scorpio car was not stationary outside his residence and therefore, he checked here and there, but since said Scorpio car was not found in the house of the complainant, he lodged impugned FIR alleging theft of Scorpio car against unidentified person u/s 379 of the IPC. During investigation, opresent petitioner is