Kiritbhai Balubhai Patel VS State of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DEVAN M. DESAI
Kiritbhai Balubhai Patel – Appellant
Versus
State of Gujarat – Respondent

Advocates:
Counsel for the Parties:
For the Applicant Nos.1,2,3: Mr. Rasesh H Parikh (3862) and Mr. Hemang H Parikh (2628)
For the Respondent No.2: Mr. Prakash G Pandya (3041) and Mr. Shailesh D Patel (6845)
For the Respondent No.1: Mr. Pranav Dhagat, APP

Order (Oral)

This petition is filed under Section 482 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as “the Cr.P.C.”) for quashing and setting aside the FIR bearing C.R. No.I-16 of 2016 registered with Sathamba Police Station District-Arvalli for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as “the Code”).

2. Heard learned advocate Mr. Rasesh H. Parikh with learned advocate Mr. Sagar Pandya for the applicants, learned advocate Mr. Prakash Pandya for respondent No.2 and learned APP Mr. Pranav Dhagat for respondent-State.

3. Rule. Learned advocates waive service of notice of Rule on behalf of the concerned respective respondents.

4. Considering the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the matter is taken up for final disposal forthwith.

5. The brief facts of the case are as under:-

5.1. The complainant has made allegations in the impugned FIR that land bearing old Block No.168 of Village Ajabpura, Taluka Bayad admeasuring about 3 Hector 47 Are 52 Meters and out of which, 2 Hector 85 Are 40 Meters have