Gujarat High Court
Shantilal Ravjibhai Gala vs State Of Gujarat on 24 June, 2021
Author: Gita Gopi
Bench: Gita Gopi
R/SCR.A/5640/2019 ORDER DATED: 24/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5640 of 2019
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SHANTILAL RAVJIBHAI GALA & 1 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS MITA S PANCHAL(530) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS. MONALI MEHTA, ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/06/2021
ORAL ORDER
1. Ms. Mita S.Panchal, learned advocate for the petitioners, submits that the present petition is preferred challenging the order dated 16.12.2014 passed below Exh-1 as well as dated 5.3.2018, passed by 4th Additional Chief Judicial Magistrate, Ahmedabad (Rural) in Criminal Case No.9740 of 2014. She submits that the petitioners are bonafide purchasers. The initial transaction on the basis of power of attorney of the year 1997 resulting into the sale-deed with initial transaction of the possession letter in the year 1999. It is contended that since the price of the land has inflated, to knock out money illegally, the complainant has moved before the Court of Magistrate by filing a private complaint.
2. Ms. Panchal, learned advocate, submitted that prior to order of the Judicial Magistrate, Bopal Police Station had filed report on Page 1 of 2 Downloaded on : Sat Jun 26 03:47:11 IST 2021 R/SCR.A/5640/2019 ORDER DATED: 24/06/2021 21.07.2012 before the 7th Additional Chief Judicial magistrate in Criminal Inquiry No.93 of 2012, which was under Section 210 of the Cr.P.C., reporting that the complainant has failed to produce any documents in support of her claim and the complainant, one Dharmesh Manilal Patel and others had tried to encroach the land and the said fact was informed by Shantilal Ramjibhai Gala to Sarkhej Police Station, therefore, the police protection was provided. Thus, Bopal police Station reported that complainant in order to bring pressure on the police has given a false complaint.
3. Advocate Ms. Panchal submits that the learned Additional Chief Judicial Magistrate ought to have considered all the facts on record and should have examined the facts stated by Bopal Police Station to examine the malicious intention of the complainant and should not have entertained the complaint.
4. Issue Notice, returnable on 15.07.2021. Learned APP waives service of notice on behalf of respondent - State. Meanwhile prayer in terms of prayer 11(C) is granted.
5. In addition to normal mode of service, direct service is also permitted.
(GITA GOPI,J) SAJ GEORGE Page 2 of 2 Downloaded on : Sat Jun 26 03:47:11 IST 2021