Document Fragment View

Matching Fragments

4. Learned APP submits that if any illegal act beyond his official duty is found, then no such sanction under Cr.P.C. is required to be sought, and thus urged that if trial would be initiated the prosecution would have an opportunity to deal with the case and present the evidence, thus urged not to exercise inherent jurisdiction R/CR.MA/10076/2016 ORDER DATED: 10/01/2023 at the initial stage.

5. The FIR suggests that the complainant had instructed Imtiyaj Shaikh as a contractor of Balasinor to make a construction on the second floor of her residential house and as per the complainant, her husband had moved Balasinor Nagarpalika on 22.09.2015, and they waited for the sanction and after sometime in anticipation of the sanction, the construction was started. The facts of the FIR suggests that there was a construction on the second floor towards the common plot and a three feet slab was extended, and plaster and flooring work was completed. It is stated that Bharatbhai V.Patel in the month of November held a meeting in the society and in that meeting both complainant and her husband had remained present. The President informed them that there was an illegal construction of three feet extension, and had instructed that if they do not propose to get it removed, then as a fine they were required to pay Rs.90,000/- to the society. It is stated by the complainant R/CR.MA/10076/2016 ORDER DATED: 10/01/2023 that after negotiation the amount was decided to be as Rs.41,000/- and when they asked for receipt, the President informed that the money would be deposited in the society's fund and also informed them that if they do not deposit the money in the society fund, then they would make a complaint to the Nagarpalika. 5.1 It is alleged by the complainant that because of personal relation of Bharatbhai Patel with the Chief Officer, they were harassed and a notice was issued in connivance, where they were instructed to remove illegal construction till 06th April, 2016. The complainant has noted that they have a mobile recording of the money demanded by Bharatbhai Patel during the meeting, and it is alleged that in connivance with the present applicant, Bharatbhai Patel had forcibly asked to remove the illegal construction and for that, had demanded Rs.41,000/- and thus, the FIR was lodged.