DHIRUBHAI MOHANBHAI BHANDERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Prayer in this petition is to direct inquiry, investigation and to file or direct to file a criminal complaint, which is to the facts alleging forgery and fabricating the signature of the present petitioner - Ashwinbhai Bhikhabhai Sardhara in petition of Criminal Misc. Application No. 18498 of 2018 and in the Vakalatnama appended therewith before this Court. Alternatively, it is prayed to permit the petitioner to file appropriate complaint before appropriate authority in accordance with law.

(2.) It is stated by the petitioner that he was shown as petitioner No. 2 in Criminal Misc. Application No. 18498 of 2018, which is filed along with petitioner No. 1 therein - Dhirubhai Mohanbhai Bhanderi under Sec. 482 of the Criminal Procedure Code, 1973 (CrPC) with a prayer to quash and set aside FIR being C. R. No. I- 178 of 2018, registered with Nikol Police Station, Ahmedabad for the offence punishable under Ss. 384, 387, 507, 114 and 506(2) of the Indian Penal Code, 1860 (IPC) and other provisions of the Money Lending Act, 1946.

(3.) Ms. Kruti M. Shah, learned advocate for the petitioner, would submit that it is a clear case of forging the signature of the petitioner and to the best of information to the petitioner, son of Dhirubhai Mohanbhai Bhanderi has committed the said act as he being the partner of the petitioner, misused his position and thus, learned advocate Ms. Shah would submit that a criminal complaint is required to be filed and the provisions of Sec. 340 read with Sec. 195 CrPC are required to be invoked alleging that the offence punishable under Sec. 463, 471, 475 or 476 IPC has been committed in respect of a document produced or given in evidence in a proceeding of the Court. Learned advocate Ms. Shah would further submit that in case no complaint can be filed except on complaint in writing by the Court or by such officer authorised by the Court in accordance with the provision of law then, alternatively, the complainant be permitted to file a complaint.