P. B. MAJMUDAR, J.

( 1 ) BY filing this petition, the petitioner has challenged his suspension order dated 18-5-2005 which is annexed at annexure-A to this petition. At the time of his suspension the petitioner was discharging his duties as a Police inspector at Katar Gam Police Station of Surat city. While the petitioner was discharging his duties at the said police station, a complaint was lodged by one Babubhai Dhanajibhai vithani on 13th April, 2005. The aforesaid complainant gave the said complaint stating that he had purchased a plot of land of revenue Survey No. 173/03 from one Ghanshyam anaparwala and initially he had paid Rs. 6,50,000/- to the broker and at the same time, the file of plot No. 16 was handed over to the complainant. At the relevant time, name of the society was Kalapi Nagar Housing Society which is now re-named as Kalakunj. As per the complaint, in the said survey No. 173/03 there are 29 plots and organizer of the said society is one Savajibhai Haribhai and since the purchase of the said plot, the complainant was managing the affairs of the said land as a plot holder. The aforesaid land was purchased by aforesaid Savajibhai Haribhai in the year 1989-1990 from one Budhiyabhai Nathubhai Rathod and his wife Sukhiben and as it was a new tenure land, it could not be transferred in the name of the purchaser, i. e. , savajibhai Haribhai. As per the complainant on 3-2-2004, one kanabhai Ahir and son of Rajabhai Ahir, one Shri Dilip along with one Shri R. D. Patel of village-Amreli went to the land owner Sukhiben and told her that she has sold away her land at a throw away price, which is worth Crores of rupees and that they can file a suit against the purchaser if she gives signature on some documents. Accordingly, aforesaid three persons fraudulently got thumb impression of said Sukhiben on some papers but in return they did not pay anything to the original owner Sukhiben. It is the say of the complainant in the complaint that, the aforesaid three persons, thereafter, demanded Rs. 37 lacs from the complainant for handing over the possession of the said land. Thereafter, the petitioner requested one Arvindbhai who is one of the plot holders to intervene in the matter and at the request of the complainant said Arvindbhai agreed to recommend the case to one Shri Meraman Gheewala. At the request of said Arvindbhai, said Meraman Gheewala had agreed to be the intervener and, thereafter some joint meetings were held between them and during such meetings even the aforesaid three persons were also present. But the aforesaid three persons refused to hand over the plot in question to the complainant and they ultimately agreed to accept rs. 22,50,000/- instead of persisting their original demand of Rs. 37 lacs and the complainant accordingly parted with the said amount by paying the said amount in cash. According to the complainant, inspite of the aforesaid payment, the aforesaid three persons have not acted as per the promise given and, therefore, the complainant has filed the said complaint on the ground that by force the complainant was compelled to part with Rs. 22,50,000/- in favour of the aforesaid three persons.

( 2 ) THE petitioner who was discharging his duties as a police inspector of the aforesaid police station at the relevant time started investigating the said case. It seems that subsequently the original complainant has settled the dispute and the petitioner has also placed on record copy of such settlement, which is at page 125 of the compilation. In this matter, this Court is not concerned about the legality, validity or otherwise of such settlement as it is for the investigating agency to investigate the said aspect on the basis of the complaint which is at Annexure-C.

( 3 ) MR. DESAI, learned AGP, has submitted that the said complaint is investigated and irrespective of the so called settlement even charge sheet is filed against aforesaid three persons, whose names are disclosed in the complaint.

( 4 )

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