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P.B.MAJMUDAR
Lalitkishore Omprakash Arya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the parties :
For the Applicant :A.D. Shah, Advocate.
For the Respondent No. 1: Ms. Manisha Lavkumar, A.P.P.
For the Respondent No. 2: S.I. Nanavati of Nanavati & Nanavati.

ORDER

P.B. Majmudar, J.— By filing this petition under Art. 226 of the Constitution of India, and under Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing F.I.R. registered as CR No. 1-166 of 2005 at Waghodia Police Station for offences punishable under Sec. 379 read with Sec. 114 of the Indian Penal Code on the ground that police cannot investigate the offence which relates to documents on the basis of which decree was passed by a Civil Court.

2.This case has a chequered history, and the facts narrated in a nutshell are as under :

3.The complaint is filed by respondent No. 2 herein, a copy of which is

produced at Annexure ‘A’ to the application at pages 25 to 30 of the compilation. The complaint is filed against one Ahmedhussain @ Balubhai Moghalgara. As per the averments in the complaint, the complainant is serving as Purchase Manager with Dodsal Private Limited, a Company having its main office at Mumbai. As per the allegations in the complaint, the Company is taking contract for the purpose of construction of roads as well as laying underground pipeline. The Company has taken on lease land belonging to Bhaniyara Cotton Society at Village Bhaniyar

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