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2017 Supreme(Guj) 1806

B.N.KARIA
Keshavlal Bechardas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicants : Mr. Tejas M. Barot
For the Respondents: Mr. Hardik A. Dave, Mr. Harshadray A. Dave, Mr. K.L. Pandya

JUDGMENT :

1. The present petition has been preferred by the petitioners/original accused under Section 482 of the Code of Criminal Procedure (for brevity “CrPC”) praying to quash and set aside the complaint, being C.R. No. I-8/2009 registered with Sector 7 Police Station, Gandhinagar for the offence punishable under Sections 406, 420, 423 and 120B of the Indian Penal Code.

2. Brief facts of the case are that the petitioner no.1 purchased agricultural land, bearing Survey No. 640/1 situated at Village: Bhoyan-Rathod District Gandhinagar comprising 3884 sqr. meters from the land owners viz., Gordhanbhai Manordas and others for a consideration of Rs. 1,25,000/- and the petitioner no.1 made payment thereof of Rs. 1,00,000/- by way of cheque, bearing no. 452032 dated 09.02.2007 and the rest of Rs. 25,000/- was paid in cash. A sale deed was executed by said Arunbhai Manordas on his behalf as well as power of attorney of co-owners. That, in the land in question, one Jijaji Maganji Thakore was a tenant having possession for some time, and therefore, consent of the said person was also required to complete the sale transaction between the petitioners and the original land owners. In this vie










































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