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2019 Supreme(Guj) 1104

A.S.SUPEHIA
Krishnakumar Chhaganbhai Tandel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Zubin F. Bharda
For the Respondents: Hardik Soni, APP, Shivang M. Shah and Vikas V. Nair

JUDGMENT :

A.S. Supehia, J.

1. The present application has been filed seeking quashing of the FIR registered at Dholai Marine Police Station, District Navsari being C.R. No. II-1 of 2017 for the offences punishable under Sections 504, 506(2) and 114 of the Indian Penal Code, 1860 ('the ICP' for short).

2. The brief facts of the case leading to filing of the present application are as under:

2.1. The complainant namely Promiskumar Somabhai Tandel has filed complaint on 11.02.2017 inter alia alleging that on 13.02.2012, Collector, Navsari allotted 5 hectors of land being plot No. 56 falling in Block No. 903 of Village Mendhar to the complainant for the purpose of Shrimp Farming pursuant to the application made by the complainant in the year 2009. On 04.02.2017, at around 03:45 p.m., in the evening, the complainant was in the process of constructing the Shrimp Farm and the complainant was standing there at that time, Krishnabhai Chhaganbhai Tandel and one Kayo, who is brother of Ex-Sarpanch of Dholai Village, came to him and told him that he should not construct the shrimp farm nor do any business and asked him to leave from there failing which they threatened to kill him and by using abu

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