1. The present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant to quash and set aside the impugned FIR, being C.R. No. I 18/2004 registered with Gandhinagar Zone, CID Crimes Police Station lodged by respondent no. 2-original complainant for the offences punishable under Sections 465, 468, 471 and 114 of the Indian Penal Code.
2. At the outset, it is required to be noted that considering the averments and allegations made in the impugned FIR, this Court modified the earlier ad-interim relief to the extent permitting the concerned Investigating Officer to proceed further with the investigation of the impugned FIR with further observation that no coercive steps shall be taken against the applicant without prior permission of this Court and this Court also recorded the statement made by the applicant that the applicant shall fully cooperate with the concerned Investigating Officer in the investigation.
3. Today, when the present Criminal Miscellaneous Application is taken up for further hearing, Shri L.B. Dabhi, learned APP has stated that the applicant has not cooperated in the investigation and she has not appeared before the concerned Investigating Officer for further investigation and has absconded. The aforesaid is not disputed by Shri Vipul Pancholi, learned advocate appearing on behalf of the applicant except submitting that it cannot be said that the applicant has absconded.
4. Considering the aforesaid facts and circumstances of the case and when despite the earlier order by this Court the applicant has not cooperated with the Investigating Officer and the Investigating Officer is not in a position to further investigate the role of the applicant in commission of the offence for which the impugned FIR has been filed, this Court would not like to exercise the discretionary powers in favour of the applicant, who has not cooperated with the Investigating Officer.
5. Under the circumstances, without further entering into the merits of the case and without expressing any opinion on merits, the present application is not entertained and is dismissed. However, in case the applicant has cooperated with the Investigating Officer it will be open for the Investigating Officer to submit an appropriate report and/or chargesheet and/or after the investigation is concluded if the applicant is of the opinion that still there is no case made out against the applicant, it will be open for the applicant to submit an appropriate application, which may be considered in accordance with law and on its own merits.
6. With this, the present application is dismissed. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji