1. The present application under Section 482 of the Code of the Criminal Procedure has been preferred by the applicant herein – original accused No.1 to quash and set aside the FIR being C.R.No.I-281 of 2004 registered with Karanj Police Station, Ahmedabad City.
2. Mr.L.B.Dabhi, learned Additional Public Prosecutor, appearing on behalf of the respondent No.1-State, under the instruction from the concerned Police Officer of Karanj Police Station, has submitted that the applicant has not co-operated in the investigation at all and after anticipatory bail application submitted by the applicant has been rejected as far as back in the year 2005, the applicant is absconding, for which, report is submitted to the learned Metropolitan Magistrate and requested to issue warrant u/s.70 of the Code of Criminal Procedure. It is further submitted that “A” Summary report submitted by the Investigating Officer before learned Magistrate has been rejected by learned Metropolitan Magistrate by observing that there is ample material against the applicant and even warrant is issued against the applicant. It is submitted that therefore learned Metropolitan Magistrate, Court No.5, Ahmedabad has rejected “A” Summary Report submitted by the Investigating Officer vide order dated 11/07/2006, which is directed to be taken on record. Thereafter, the applicant has absconded.
3. In view of the fact that when the applicant has not co-operated the Investigating Officer and has absconded since last 7 years and “A” Summary report submitted by the investigating officer has been rejected by the learned Metropolitan Magistrate, no case is made out to quash and set aside the impugned FIR in exercise of power u/s.482 of the Code of Criminal Procedure. This Court would not like to exercise discretionary power for the person, who is not co- operating the Investigating Officer and absconding since last 7 years.
4. In view of the above, the present application fails and the same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti