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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D.SUTHAR
Bhimsing Jesingbhai Hathila – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. court analyzes evidence and legal framework. (Para 1 , 8 , 10 , 11 , 12 , 13) |
| 2. land ownership and possession established. (Para 2 , 4 , 6 , 7) |
| 3. applicant contends wrongful implication in land grabbing. (Para 3 , 5) |
| 4. no grounds to quash proceedings under bnss. (Para 14) |
| 5. application dismissed; objections can be raised in trial. (Para 15) |
ORDER :
HASMUKH D. SUTHAR, J.
1. Rule. Learned APP waives service of notice for the respondent-State.
2. By way of this application under Section 528 of the Bhartiya Nayay Suraksha Sanhita, 2023/482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the resolution dated 03.03.2021 passed by the District Land Gabbing Committee (Annexure-Y) and Impugned complaint being FIR C.R. No.11821005210096 of 2021 registered with Devgadh Baria Police Station, Dahod as well as all consequential proceedings arising therefrom.
3. Learned advocate appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the offence. The petitioner is belonging to the Schedule Tribe and small farmers mainly engaged in agricultural act
The court confirmed sufficient prima facie evidence to support land grabbing allegations, emphasizing the need for caution in exercising powers under judicial review.
The act of land grabbing requires both the fact of illegal possession and mens rea, albeit the intent can be broadly interpreted under the Act.
The presence of pending civil litigation does not obstruct the initiation of criminal proceedings for cognizable offences, nor does a delay in filing an FIR automatically negate the complainant's rig....
The proceedings under the Assam Land (Grabbing) Act are specialized to expedite resolution of land disputes, and judicial interference is unwarranted at interlocutory stages.
Interference in ongoing land grabbing proceedings is premature; the Special Tribunal must follow due process per the Assam Land Grabbing Act to address claims of unlawful land occupation.
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