MOHMADAMIN ABDULAZIZ HAMIDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Misc.Application u/s.482 of the Code of Criminal Procedure has been preferred by the applicant herein ? original accused to quash and set aside the impugned Criminal Misc.Application No.207 of 2004 pending in the Court of learned Chief Judicial Magistrate, Bhavnagar for the offences punishable under Sections 406, 420 and 506(2) of the Indian Penal Code.

(2.) RESPONDENT No.2 herein ? original complainant has initiated the impugned criminal proceedings against the applicant for the offences punishable under Sections 406, 420 and 506(2) of the Indian Penal Code, in the Court of learned Chief Judicial Magistrate, Bhavnagar being Criminal Misc.Application No.207 of 2004 alleging inter alia that though the applicant has taken an amount of Rs.5 Lacs by way of advance, the same has not been repaid. Then in the said complaint, learned Magistrate has passed an order for investigation u/s.156(3) of the Code of Criminal Procedure, which is sent to the ?A? Division Police Station, Bhavnagar for investigation, which was numbered as M.Case No.3 of 2004.

(3.) MR.L.B.Dabhi, learned Additional Public Prosecutor appearing on behalf of the respondent No.1- State has requested to pass an appropriate order in the facts and circumstances of the case.