Gujarat High Court
Bharatbhai Amrutbhai Desai vs State Of Gujarat on 17 June, 2021
Author: Gita Gopi
Bench: Gita Gopi
R/SCR.A/5639/2019 ORDER DATED: 17/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5639 of 2019
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BHARATBHAI AMRUTBHAI DESAI & 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 BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 17/06/2021
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 by 4 th 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 in favour of Shantilal Ramjibhai Gala 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 Page 1 of 3 Downloaded on : Fri Jun 18 06:10:47 IST 2021 R/SCR.A/5639/2019 ORDER DATED: 17/06/2021 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 21.07.2012 before the 7 th 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. Page 2 of 3 Downloaded on : Fri Jun 18 06:10:47 IST 2021
R/SCR.A/5639/2019 ORDER DATED: 17/06/2021
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. Ms. Panchal, learned advocates stated that inadvertently some error has cropped up in pagination of the petition. She prays for correcting the same. The prayer for correction of pagination of the petition is granted.
6. In addition to normal mode of service direct service is also permitted.
(GITA GOPI, J.) Pankaj Page 3 of 3 Downloaded on : Fri Jun 18 06:10:47 IST 2021