B.S.CHAUHAN, S.A.BOBDE
Kishorebhai Gandubhai Pethani – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT
Dr. B.S. CHAUHAN, J.
1. This criminal appeal has been preferred against the judgment and order dated 12.9.2011, passed by the High Court of Gujarat in Criminal Misc. Application No.3213 of 2011 dismissing the appellants application for quashing the complaint lodged by the respondent No.2 being ICR No.180 of 2010 dated 5.7.2010 under Sections 463, 465, 468, 471 and 114 of the Indian Penal Code 1860 (hereinafter referred to as IPC).
2. Facts and circumstances giving rise to this appeal are that:
A. A complaint bearing ICR No.271 of 2003 was lodged by respondent no.2 before Madhavpura Police Station for the offences punishable under Sections 323, 324, 294A, 506(2) and 114 IPC read with Section 135(1) of the Bombay Police Act, 1951, naming the appellant and one other individual. Subsequently, considering the nature of injuries, Section 307 IPC was also added and the chargesheet was submitted after having investigated with respect to the said offences wherein the appellant as well as his wife had been arrayed as accused. After committal of the case to the learned Sessions Court, the Sessions Case No.175 of 2007 is being tried.
B. During the hearing of the Sessions Case No.175 of
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