ILESH J. VORA
Milind Mukund Joshi – Appellant
Versus
State Of Gujarat – Respondent
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 company Hanjar Biotech Pvt. Ltd. and Hanjar Biotech Energies Pvt. Ltd., managed and controlled by the persons, known as Group of Furniturewala. The third respondent – original informant is associated with both the companies and authorized representative of it. In 2009, IDFC through IIF, invested Rs.250 crore in Hanjar Energies Ltd. by executing share
Harshendra Kumar D. Vs. Rebatilata Koley and Ors. 2011 (3) SCC 351
Inder Mohan Goswami and another vs. State of Uttaranchal
Janata Dal vs. H. S. Chowdhary
Kapil Agarwal and others vs. Sanjay Sharma and others
Manoj Mahavir Prasad Khaitan vs. Ram Gopal Poddar and another
R. Kalyani Vs. Janaksi Mehta & Ors. 2009 (1) SCC 516
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
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