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2016 Supreme(Guj) 57

J.B.PARDIWALA
Rameshkumar Shankarlal Shah – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
Mr. I.H. Syed and Mr. Ankit B. Pandya, Advocates for the Applicant.
Mr. S.P. Hasurkar, Advocate and Mr. H.K. Patel, APP for the Respondent.

ORDER :

1. By this writ application under Article 226 of the Constitution of India, the petitioner- original accused No. 2 has prayed for the following reliefs:

“9 (a) To allow this petition:

(b) Your Lordship be pleased to issue a writ of mandamus or any other writ, order or direction, quashing and setting aside the FIR at Annexure A being I-CR No. 54 of 2014 registered with Lunawada Police Station, Mehisagar, qua the petitioner.

(c) Pending admission, final hearing and disposal of this petition, to stay the further proceedings of the FIR being I-CR No. 54 of 2014 registered with Lunawada Police Station, Mahisagar, qua the petitioner.

(d) To pass any other and further orders as may be deemed fit and proper.”

2. It appears that on 13th May, 2014, the petitioner herein and two other co-accused (accused No. 1 and accused No. 3) purchased the land bearing survey No. 498, part - 21 admeasuring 4047 sq. mtrs. by way of a registered Sale Deed.

3. On 23th May 2014, the accused No. 1 executed a Memorandum of Understanding for the development of the land with the accused No. 4 and accused No. 5. The accused No. 1, thereafter, preferred an application with the Central Gujarat Electricity Company.

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