JUGALKISHORE BHAGWANDAS KIKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE three petitioners seek quashment of an FIR lodged with Vadia Police Station of Amreli District at C. R. No. I. 14/2003 against them by one Ashwinbhai Natverbhai Upadhyay working as a Sheristedar in the Civil Court at Vadia, alleging the offences punishable under Sections 465, 468, 471, 406 and 114 of the Indian Penal Code.

(2.) RANCHHODBHAI Jivrajbhai Dobariya, petitioner in Criminal Misc. Application No. 1992/2003 (orig. accused No. 3) is alleged to have produced School Leaving Certificate in respect of his niece Savitaben Jinabhai in a proceeding for getting her birth registered by the local authorities. The said certificate indicated her date of birth to be 1. 11. 1943. In that proceedings, when Ravjibhai Chhaganbhai Bavishi, petitioner in Criminal Misc. Application No. 2000/2003 (orig. accused No. 1) was summoned as a witness with original document, it was noticed that the date of birth of Savitaben Jinabhai was 17. 10. 1940 and not 1. 11. 1943 as was certified by him. Jugalkishore Bhagwandas Kikani, petitioner in Criminal Misc. Application No. 4642/2003 (orig. accused no. 2) is advocate through whom Ranchhodbhai Dobariya had initiated the proceedings. 2. 1 Upon noticing this discrepancy in the proceedings, the present complaint is filed by the Court Sheristedar.

(3.) QUASHMENT of the complaint is sought by the petitioners mainly on the ground that the first informant/complainant could not have lodged the complaint, it could have been lodged only by the Presiding Officer of the Court. In support of this argument, the provisions contained in Sections 195 and 340 of the Code of Criminal Procedure are pressed in service. The two provisions run as under :-