RANUBHA NAVALSANG JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application u/S.482 of the Criminal Procedure Code, 1973 (hereinafter referred as to the Code) for the sake of gravity the petitioner has prayed for quashing the FIR registered with Upleta Police Station, District Rajkot (Rural) for alleged offences u/S.171(G), 176 and 177 of IPC registered as CR no.II 3010/2013.

(2.) HEARD Mr. H.S. Tolia learned counsel for Mr.P.B. Khandheria, learned advocate for the petitioner and Ms. Moxa Thakkar, learned APP for both the respondents i.e. State as well as the first informant.

(3.) MR . Tolia, learned counsel appearing for the petitioner has predominantly contended that all the three alleged offences are noncognizable offences and therefore as provided u/S.155(2) of the Code, the police cannot straightway initiate investigation. Mr.Tolia further relying upon the very sections, under which, the offences are alleged more particularly, Section 171(G), 176 and 177 of the IPC submitted that Chapter 10 of the IPC would not be applicable in the present case. Mr. Tolia further relying upon the ratio laid down in the case of State of Haryana & Ors. v. Bhajan Lal & Ors. reported in AIR 1992 SC 604 contended that the impugned order is nothing but abuse of process of law and the FIR does not disclose any cognizable offence justifying an investigation by the Police Officers without any order of the Magistrate u/S.155 of the Code. Mr. Tolia, learned counsel appearing for the petitioner has further relying upon the judgment of the Apex Court in the case of Tilaknagar Industries Ltd. & Ors. v. State of A.P. & another Reported in AIR 2012 SC 521 contended that the ratio laid down by the Hon'ble Apex Court squarely applies to the facts of the present case and therefore submitted that the impugned FIR deserves to be quashed under inherent powers of this Court u/S. 482 of the Code.