ORAL JUDGMENT

CORAM: HONOURABLE MS. JUSTICE GITA GOPI

1. The present petition has been filed by the petitioners under section 397 read with section 401 of Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’ for short), for quashing and setting aside the orders dated 27.08.2021 passed below Exh.16 in Criminal Case No.3624 of 2021, rejecting the application prayed for not to frame charge, and challenging Exh.17 the framing of charge. Further prayer has been made for holding that the learned Magistrate cannot take cognizance of the alleged offences including the offences under sections 193 and 471 of I.P.C. based on private complaint filed by respondent no.2.

2. The facts, in nutshell, are narrated hereinbelow:

2.1 The respondent no.2 – original complainant, who is presently engaged as practicing advocate at Patan, was earlier proprietor of Navkar Chemists and Banas Pharma Distributor was in the business of pharmaceuticals. The present petitioners are the ex-office bearers of Patan Chemists’ Association, against whom the complainant has filed the impugned private complaint before the Court of Chief Judicial Magistrate, Patan on 27.02.2007, and by order dated 27.02.2