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HEMANT M. PRACHCHHAK
ROHITBHAI VRAJLAL PAREKH – Appellant
Versus
STATE OF GUJARAT – Respondent
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 Cl
The main legal point established in the judgment is that a criminal complaint can be quashed if it is barred by law under specific provisions of the Code of Criminal Procedure.
Section 415 of IPC mandates that there should be inducement from hands of accused to victim to part with any property and transaction should be tainted with dishonest intention right from its outset.
The power of quashing a criminal proceeding should be exercised sparingly and with circumspection, only in the rarest of rare cases.
(1) Offences referred to under Section 195(1)(b), Cr.P.C. will get attracted only with respect to a document after it has been produced or given in evidence in a proceeding in any court.(2) In a case....
Point of law: Cheating – private complaint - Court has to examine whether the material on record is sufficient and whether the Magistrate is satisfied with the allegations in the complaint
The main legal point established in the judgment is that for an offence under Section 211, I.P.C. to be made out, the complaint must falsely charge a person with having committed an offence, with the....
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
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