IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 12888 of 2006 For Approval and Signature:
HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= SUDHIRBHAI HIRALAL GANDHI - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MR KB ANANDJIWALA for Applicant(s) : 1, MR K L PANDYA APP for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE this application under Section 482 of the Criminal Procedure Code, 1973, seeking quashment of the FIR and the charge-sheet submitted in connection with Bharuch 'A' Division Police Station, CR No.I-120 of 2006 against him, which is at Annexure ”A” to the petition.
1.1 The offences alleged to have been committed by the petitioner alongwith three others are punishable under Sections 177, 182, 195, 211, 420, 423, 465, 467, 468, 469, 471 and 120-B of the Indian Penal Code.
2. The case of the petitioner is that this FIR is lodged by the Investigating Officer and there is prohibition on the criminal Court taking cognizance of the offences punishable under Sections 177, 182, 195 and 211 of the Indian Penal Code, unless it has been lodged with the permission of the Court or by the Officer of the Court.
3. Facts of the case in brief are that the petitioner is the proprietor of Shivangi Industries, Bharuch, who was given a contract to supply certain machineries and materials to the Mahatma Fule Backward Class Development Corporation Limited of Maharastra Government. His production unit was located at Bharuch, however, subsequently the petitioner opened one production unit at Rakhial, Ahmedabad under the identical name. According to him, he entrusted one Shashikant Shah and had also given a blank cheque book, duly signed by him. Subsequently, Shashikant Shah with some Bank Officers got other cheque books and misused the same by forged signatures of the petitioner. He thereafter lodged the FIR with Bharuch 'A' Division Police Station against Shashikant Shah and others. While that investigation was going on, the Investigating Officer lodged present FIR against him.
4. Learned advocate Mr.Anandjiwala contended that the cognizance cannot be taken by the Magistrate Court for the offences punishable under Sections 177, 182, 195 and 211 of the Indian Penal Code and therefore, the FIR and the charge-sheet may be quashed. It is fact that the FIR also alleges the offences punishable under Section 420, 423, 465, 467, 468, 469, 471 and 120-B of the Indian Penal Code, which cannot be over-looked. It was then contended that two sets of offences, which are hit by Section 195 of the Criminal Procedure Code and which are not hit by Section 195 of the Criminal Procedure Code are not severable and Shashikant Shah and his associates have forged the signatures and misused the position.
5. The opinion of this Court is that the offences are not severable and whether there was a misuse of signatures of the petitioner and whether there were forged signatures, are questions of fact, in respect of which, without any dispute 'B' summary has been lodged by the Investigating Officer.
6. The points raised by the petitioner herein are the defences available to him at the time of trial and not at present, which would render the FIR totally invalid. Therefore, the petition cannot be accepted and must fail. The petition stands dismissed. Interim protection granted earlier stands vacated. Rule is discharged.
..mitesh..
[A.L.DAVE, J.]