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2017 Supreme(Guj) 966

BIREN VAISHNAV
Hasubhai Bhurabhai Thakkar – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :S.P. Kotia, Advocate
For the Respondent: Himanshu K. Patel, Additional Public Prosecutor

JUDGMENT :

Biren Vaishnav, J.

1. Section 482 of the Code of Criminal Procedure is invoked by the applicants praying that the First Information Report being C.R. No-I-30/2010 registered at 'A' Division Police Station, Bhavnagar, against the applicants be quashed.

2. Respondent No. 2 Ushaben Ratibhai Bhurabhai, has filed the aforesaid complaint against the present applicants on 03.02.2010. According to the complaint, the applicants have by their acts, committed offences under Sections 341, 452, 427 and 114 of the Indian Penal Code. The complaint is annexed as Annexure-'A' to the present application.

3. On reading of the complaint, the following factual scenario emerges:

3.1 According to the complaint, she is the owner of two shops, shops Nos. 156 and 157 situated at "Madhav Darshan". In the complaint she states that, the shop has been given on rent to 'Ace Tele Services', rent agreement of which is produced on record. The applicants herein, have been shown as accused Nos. 1 and 2 respectively alleging that litigations between the complainant and the accused pertaining to the said shops is pending. Pending such litigations, the accused have sold the shops to anti social elements. She does


















































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