AI Structured Summary
Not yet generated for this judgment
Judgment
M.D. Shah, J.—Rule. Learned APP, Mr. L.R. Pujari and learned advocate, Mr. Dharmesh Shah for the respondent No. 2 waive service of notice of rule.
Heard learned advocate, Mr. Bhargav Karia for the petitioners, learned APP, Mr. L.R. Pujari for the respondent No. 1 and learned advocate, Mr. Dharmesh Shah for the respondent No. 2.
This application is filed to quash the complaint registered as C.R. No. I-21 of 2007 registered at Vidyanagar Police Station for the offences punishable under Secs. 379, 447, 411, 465, 467, 468, 471 and 114 of IPC which is filed by the present respondent No. 2 against the petitioner along with other accused. On completion of investigation, charge sheet is filed before the trial court. It is alleged that the present petitioner, who is an advocate, has signed the document of sale deed as a witness. Discharge application preferred by present petitioner before the trial court was rejected and hence the present petition.
This Court has gone through the complaint and the papers of charge sheet. The alleged sale deed took place on 29-1-2007. The present petitioner, who is an advocate, has only signed in the document as a witness. He is neither a party to the said document nor a beneficiary in the transaction. Merely he has signed the document, knowledge of any offence cannot be attributed to the present petitioner. Therefore, in the opinion of this Court, no ingredients of offence alleged against the present petitioner are made out.
In view of the above, complaint being C.R. No. I-21 of 2007 registered at Vidyanagar Police Station and the charge sheet filed thereunder are quashed and set aside qua the present petitioner. This Cri. Misc. Application is accordingly allowed. Rule is made absolute only to the aforesaid extent.