Gujarat High Court
Husenbhai Abbasbhai Sukhsarwala vs State Of Gujarat on 25 January, 2023
Author: Aravind Kumar
Bench: Aravind Kumar, Ashutosh Shastri
R/SCR.A/4610/2022 ORDER DATED: 25/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4610 of 2022
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HUSENBHAI ABBASBHAI SUKHSARWALA
Versus
STATE OF GUJARAT
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Appearance:
MR. AUM M KOTWAL(7320) for the Applicant(s) No. 1,2
MS SHREE KOTWAL(11177) for the Applicant(s) No. 1,2
MR PARTHIV B SHAH(2678) for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR KM ANTANI, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 25/01/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. This Special Criminal Application has been filed for following reliefs:-
A) Be pleased to admit and allow this Special Criminal Application;
B) This Hon'ble Court be pleased to issue writ of certiorari/ mandamus or a writ in the nature of certiorari/mandamus or any other appropriate writ, order, direction thereby holding and declaring the validity of section 2 (e), 4 and 5 of the Gujarat Land Grabbing (Prohibition) Act,2020 and also relevant provisions of the Gujarat Land Grabbing Rules, 2020 framed thereunder to be ultra vires and unconstitutional being violated of Article 14, 20, 21 and 300A of the Constitution of India, 1950 and consequently be pleased to quash and set aside the order passed by the land grabbing committee/ District Collector, Vadodara and the FIR being CR. No.11196002220258 Registered at Bapod Police Station, Vadodara for the offence punishable under Section 120B, 506 (2), 504 of the Indian Penal Code, Page 1 of 4 Downloaded on : Tue Jan 31 20:33:39 IST 2023 R/SCR.A/4610/2022 ORDER DATED: 25/01/2023 1860 and Section 4(1), 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020, C) Pending hearing till final disposal of this Petition, be pleased to grant ad-interim relief in terms of staying further proceedings arising out of the order impugned of the District Collector, Vadodara and the FIR being CR. No. 11196002220258 Registered at Bapod Police Station, Vadodara for the offence punishable under Section 120B, 506 (2), 504 of the Indian Penal Code, 1860 and Section 4(1), 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020 granting stay on arrest and/or no coercive action;
D) Be pleased to quash set aside the FIR being CR.
No.11196002220258 Registered at Bapod Police Station, Vadodara for the offence punishable under Section 120B, 506 (2), 504 of the Indian Penal Code, 1860 and Section 4(1), 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020 for not meeting the ingredients of the provisions by appropriate writ/order and/or direction in the interest of justice;
E) Be pleased to pass such other and further orders as may be deemed fit in the interest of justice;
2. Learned counsel appearing for the petitioners submits that in view of petitioners and complainant having settled their disputes, he would not press prayer (B) sought for in the petition and seeks for quashing of the proceedings in view of the affidavit filed by 3rd respondent. He would also hasten to add that suits which had been filed by petitioners namely S.C.S. No.363 of 2014 and R.C.S. No.293 of 2021 have been withdrawn. This fact is not disputed by the learned counsel appearing for 3rd respondent.
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R/SCR.A/4610/2022 ORDER DATED: 25/01/2023
3. Both petitioners and 3rd respondent are present before the Court. They are identified by the learned counsel appearing for them. In token of having been identified by them, they have made available photocopies of the Aadhar cards which are signed by the parties and countersigned by their respective learned advocates. Hence, same are taken on record. They have also stated before the Court that compromise entered into by them is voluntary, without any threat, force or coercion. It is stated by 3rd respondent that he has understood the contents of the affidavit filed and being satisfied with the contents of the same after same having been explained to him by his advocate in vernacular language, he has affixed his signature voluntarily. Accordingly, their statements are taken on record.
4. Hence, we proceed to pass following:
ORDER (1) Petition is ALLOWED.
(2) Proceedings pending against petitioners in C.R. No.11196002220258 Registered at Bapod Police Station, Vadodara for the offence punishable under Page 3 of 4 Downloaded on : Tue Jan 31 20:33:39 IST 2023 R/SCR.A/4610/2022 ORDER DATED: 25/01/2023 Sections 120B, 506(2), 504 of the Indian Penal Code, 1860 and Sections 4(1) and 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020 is hereby quashed.
(3) No order as to costs.
(ARAVIND KUMAR,CJ) (ASHUTOSH SHASTRI, J) OMKAR Page 4 of 4 Downloaded on : Tue Jan 31 20:33:39 IST 2023