Milind Mukund Joshi vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Guj) 1266

ILESH J. VORA
Milind Mukund Joshi – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR. MIHIR JOSHI, SENIOR COUNSEL FOR M/S WADIAGHANDY AND CO.
For the Respondent: MR. BHADRISH S RAJU, MR L B DABHI, APP

Table of Content
1. overview of application to quash fir. (Para 1 , 2)
2. court's reasoning related to inherent improbability. (Para 3 , 8 , 9 , 18)
3. arguments for quashing based on improbability and malafide. (Para 7 , 10 , 11)
4. application of high court's inherent powers. (Para 23 , 24 , 29)
5. final order and conclusion to quash fir. (Para 30)

JUDGMENT :

1. By this application, under Section 482 of the Code of Criminal Procedure, the applicant-original accused Mr. Milind Joshi, resident of Mumbai (Maharashtra), seeks quashment of First Informant Report (FIR) bearing C.R.No.II-3275/2013 dated 20.12.2013 registered with Satellite Police Station, Ahmedabad, for the offences punishable under Sections 506(2), 507 and 114 of IPC read with Section 135 (1) of the GUJARAT POLICE ACT .

2. Facts and circumstances giving rise to file present application are as follows:-

2.1 A Company IDFC Project Equity Company Ltd. (now referred to as 'IDFC') is involved with investment in companies engaged in the infrastructure sector. The applicant accused was serving with IDFC and authorized signatory of the India Infrastructure Firm (IIF), which is domestic venture capital firm registered with SEBI. A compa