IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
MANOJBHAI GOVINDBHAI PATEL & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. nature of the allegations in fir and their implications. (Para 1 , 2) |
| 2. position of the respondents and their arguments. (Para 3 , 4) |
| 3. court’s evaluation of allegations against legal principles. (Para 5) |
| 4. final ruling on the fir and proceedings. (Para 7) |
ORAL ORDER
1. The present petitions are filed under Section 482 of the Code of Criminal Procedure , 1973, seeking to quash and set aside the First Information Report (FIR) being C.R. No. I-155 of 2013 registered with Dahegam Police Station, Gandhinagar for offenses punishable under Section s 406 , 420, 120B and 114 of the Indian Penal Code , 1860 (IPC), along with all consequential proceedings arising therefrom.
2. Learned counsel Mr. P.P. Majmudar, appearing for the petitioners, has vehemently contended that, even if the allegations as set forth in the impugned First Information Report are taken at their face value and accepted in their entirety, they do not, by any stretch of imagination, prima facie disclose the commission of any cognizable offence under Section s 406 or 420 of the Indian Penal Code . Drawing attention to the factual substratum of the FIR, learned counsel submitted that, as per the complainant’
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