JUDGMENT :

1. Applicant-Rajeshbhai Maganbhai Gajera is the original complainant and respondent Nos.2 to 11-Sonalben Vinubhai Gajera & Ors. are the original accused in the main proceedings before the courts below.. For the sake of convenience and brevity, the applicant shall hereinafter be referred to as the original complainant and the respondent Nos.2 to 11 shall herein after be referred to as the accused persons. The Indian Penal Code, 1860 shall be referred to as ‘IPC’ and Criminal Procedure Code, 1973 shall be referred to as the ‘Code’

2. By way of this application under Section 482 of the Code, the applicant-original complainant seeks to invoke the inherent powers of this Court praying for quashing and setting aside the judgment and order passed by the 12th Additional. Chief Judicial Magistrate, Surat dated 14th November, 2011, dismissing the complaint of the complainant by exercising power under Section 203 of the Code as well as order passed by the learned Additional Sessions Judge, Surat dated 30th December, 2013 in Revision Application No.30 of 2012, confirming the order passed by the learned 12th Additional Chief Judicial Magistrate, Surat on 14th November, 2022.

3. Facts, in brief, which gives rise to the present application are as under;

3.1 On 9th October, 2010, an FIR being I-224 of 2010 came to be lodged by the applicant before the Kapodra Police Station, Surat against the respondent Nos.3 to 5 herein for the offence punishable under Sections 326, 114 and 188 of the IPC, in which, the accused were enlarged on bail by the learned Sessions Judge, Surat.

3.2 It is stated in the said FIR that the respondent No.3 came into contact with the present applicant before three years and as they belongs to the same community, they came in acquaintance with each other. It is stated in the complaint that before ten months from the date of the incident, the respondent No.3 has asked for some financial help from the original complainant. Therefore, the original complainant gave him Rs.1,14,000/-. It is the say of the original complainant that though three months period had been passed, the respondent No.3 did not return back the said money as promised by him.

3.3 Thereafter, a legal notice came to be issued to the respondent No.3 by the original complainant, to which, as on date no reply has been given. The applicant-original complainant also tried to settle the matter with the help of community people, however, instead of settling the matter, the respondent No.3 told the original complainant to do whatever you can do and, therefore, on 9th October, 2010, the original complainant went to the society of the respondent No.3. At that time, the respondent No.3 was there along with his sons, namely, Vinubhai and Lalitbhai and they, all of a sudden, rushed to the applicant-original complainant. Vinubhai and Lalitbhai covered the applicant-original complainant with Chorsa and the respondent No.3 attempted to kill the present applicant by giving a sword blow.

3.4 Thereafter, due to the aforesaid incident, the applicant- original complainant approached the respondent Nos.6 and 7 who are the police officers and made a request to add Section 307 of the IPC in the complaint filed by him. In this regard, he made an application to the concerned police authority on 20th October, 2010 , however, till date, no action has been taken by them. A reminder in the form of an application dated 29th November, 2010 was also given to the respondent Nos.6 and 7, however, they have not given any response to the complaint filed by the applicant dated 5th March, 2011.

3.5 It is the case of the applicant-original complainant that the respondent No.6 had made hand in glove with the respondent No.2 which would shock the conscience of the common man. Moreover, the respondent No.8, being the police authority, had called upon the applicant at Kapodra Police Station on 16th January, 2011 and lodged a complaint against the applicant-original complainant under Section 354 of