Shahidkhan Vahidkhan Pathan vs State Of Gujarat
2021 Latest Caselaw 4941 Guj

        R/CR.MA/4660/2021                                       ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 4660 of 2021
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                    SHAHIDKHAN VAHIDKHAN PATHAN
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR ZUBIN F BHARDA(159) for the Applicant(s) No. 1
for the Respondent(s) No. 2
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 31/03/2021

                             ORAL ORDER

By way of present application, the applicant has prayed to

quash and set aside the FIR being CR No.11219003210035 of

2021 registered with Subir Police Station, Dang for the offence

punishable under Sections 467, 468, 471 and 114 of the IPC

and further prayed to stay the further proceedings thereof till

final disposal of this application.

Heard learned advocate for the applicant.

It was submitted by learned advocate for the applicant

that muddamal application preferred by the applicant before

the Court of learned Judicial Magistrate First Class, Subir was

rejected directing to Deputy Superintendent of Police, Ahwa

to make an inquiry with respect to the genuineness of the

R/CR.MA/4660/2021 ORDER

invoice produced by the applicant along with the Muddamal

application and produce a preliminary report within 15 days

and if an offence is disclosed during the course of inquiry, then

appropriate proceedings be initiated. The said order was

challenged by the applicant before the Sessions Court Ahwa

vide Criminal Revision Application No. 5 of 2020 wherein,

learned Sessions Judge, Ahwa, vide judgment and order dated

29.12.2020, quashed and set aside the order dated 10.11.2020

passed by learned Judicial Magistrate First Class, Subir and

released the muddamal. That, Section 195(1)(b)(ii) of the

Criminal Procedure Code provides that no court shall take

cognizance of any offence described in Section 463 or

punishable under Sections 471, 475 and 476 of the IPC, when

such offence is alleged to have been committed in respect of a

document produced or given in evidence in a proceedings in

any court except on the complaint in writing on that Court.

Issue requires consideration.

Rule. Learned APP waives service of notice of rule for

and on behalf of the respondent No.1-State.

R/CR.MA/4660/2021 ORDER

In the meantime, ad-interim relief in terms of para 6(C)

of this petition stands granted.

(B.N. KARIA, J)

BEENA SHAH