JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant under Section 341 of the Code of CRIMINAL PROCEDURE CODE , 1973 (for short “Cr.P.C.”) against the complaint filed by the learned Additional Sessions Judge, Gondal being Criminal Inquiry No. 34 of 2000 pending before the learned Additional Chief Judicial Magistrate, Gondal, District: Rajkot, whereby, the learned Presiding Officer of the Motor Accident Claims Tribunal (Aux.), Gondal (hereinafter referred to as “the Tribunal”) has passed the order to file a report under Section 156(3) of Cr.P.C. on investigation carried out by the D.S.P. Rajkot (Rural) within 30 days, and on the basis of the said report, to initiate proceedings against the accused persons who are involved in the alleged commission of crime under Section 177 , 182, 193, 196, 199, 209, 465, 466, 467, 468, 471, 114 & 120B of the INDIAN PENAL CODE .

2. It is the case of the appellant that all the accused persons named in the complaint had prepared the documents with regard to unnatural death of one Jivrajbhai Limbabhai Koyani who died on 19.07.2000. The legal heirs of the said Jivrajbhai had filed a claim petition before the Tribunal being Claim Petition No. 842 of 2000. It is further the case of the appellant that, the appellant being an advocate had filed the said claim petition alongwith the FIR filed by the family members of the deceased Jivrajbhai. The said claim petition came under objection and for that the concerned Tribunal had issued show-cause notice to the present appellant who had filed the claim petition to show cause as to why claim petition should not be dismissed for non-production of the relevant documents viz. Panchnama of the place of occurrence, post-mortem report, etc. The present appellant being an advocate had offered his explanation before the Tribunal as the relevant documents were not provided by his client and therefore, he had not produced the same. On consideration of the explanation tendered by the appellant, the Tribunal had withdrew the said show-cause notice and closed the inquiry against the present appellant. It is further the case of the appellant that, during the pendency of the so called claim petition, the Insurance Company moved an application below Exh.22, whereby, the Tribunal passed the following order on 13.11.2000:

“Fix for hearing.

Responsible officer of the Insurance Company is directed to file affidavit in support of the present application.”

2.1 It is the case of the appellant that, prior to filing of the above application by the Insurance Company at Exh.22, the present appellant had also filed a purshis dated 08.11.2000 below Exh.20 before the Tribunal, whereby, the appellant had sought permission from the Tribunal to withdraw his appearance in Claim Petition No. 842 of 2000 as he did not want to continue as an advocate on behalf of the accused persons who had filed the claim petition. The said purshis was kept for hearing on 23.11.2000 and on 23.11.2000, the Tribunal issued show-cause notice to the present appellant and concerned advocate who had also appeared in the claim petition alongwith the present appellant asking to show cause as to in what circumstances they had instituted the claim petition without accompanying copy of the post-mortem note and panchnama. In response thereto, the present appellant and the concerned advocate had submitted their explanation at Exh.30. Considering the explanation rendered by the appellant and the concerned advocate, the show-cause notice came to be withdrawn and the same was disposed of. On the basis of the application filed by the Insurance Company at Exh.22, the Tribunal had passed the order on the same day i.e. on 23.11.2000 directing the Pres