- (1.)This petition under Section 482 of the Code of Criminal Procedure has been filed by the Petitioners for quashing of Criminal Case No. 6704 of 2010 pending in the Court of Judicial Magistrate, First Class at Nadiad.
(2.)Short facts which have arisen from the petition are that in pursuance of a written application given by Chief Executive Kothari-Shri Dharmapriyadasji @ Bapu Swami Guru Dharma Swarupdasji of Shri Swaminarayan Mandir, Vadtal, to Police Sub Inspector, Chaklasi Police Station, a complaint was registered as C.R. No. I-4 of 2005 for the offences punishable under Sections 294 and 120-B of IPC and Section 5(1)(a), (b) and (d) of the Prevention of Immoral Traffic Act against the Petitioners and other accused persons on 8-1-2005. During the course of investigation, Petitioner No. 1 was arrested on 5-3-2005 and was sent to judicial custody. He was however released on bail on 19-3-2005 by the learned Joint District Judge, Fast Track Court No. 8, Nadiad. At the end of investigation, charge sheet was filed in the said case and case has been numbered as Criminal Case No. 6704 of 2010 and is pending in the Court of Judicial Magistrate, First Class, Nadiad.
(3.)Another complaint was filed by Police Sub Inspector, Crime Branch, on 15-2-2005 against eight persons for the offences punishable under Sections 120-B, 292, 294, 295 and 420 of IP Code, Section 67 of Information Technology Act and Sections 5 and 9 of the Prevention of Immoral Traffic Act. Petitioners were arrested on 18-2-2005. Petitioner No. 1 was released on bail by this Court on 25-3-2005. Charge sheet was filed in the said case and case was committed to the Court of Sessions which was registered as Sessions Case No. 229 of 2006 wherein Petitioners were shown as accused Nos. 7 and 5 respectively. Petitioners preferred applications for discharge. However, it was rejected vide order dated 21-10-2008 passed in Sessions Case No. 229 of 2006 by the learned Adl. Sessions Judge, Ahmedabad City, against which, Petitioner No. 1-Nandlal Kalabhai Pandav preferred Cri. Rev. Appln. No. 726 of 2008 while the Petitioner No. 2-Himmatbhai Parsottambhai Laheri preferred Cri. Rev. Appln. No. 744 of 2008 before this Court. This Court (Coram: Ms. Justice H.N. Devani) allowed both the applications and discharged them from all the charges levelled against them from the said case.