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2021 Supreme(Online)(Guj) 4937

GUJARAT HIGH COURT
PANKAJKUMAR MADANLAL YADAV – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL JUDGMENT

1. By way of this application filed under Section 482 of CrPC, the applicants have prayed to quash and set aside the First Information Report being C.R. No. I – 111 of 2017 registered with Godhra Town A-

Division Police Station for offences, Panchmahals under Sections 465, 467, 471, 406, 420 and 114 of IPC and all consequential proceedings initiated in pursuance thereof.

2. The facts in brief are that on 01.09.2017 a complaint came to be filed by respondent No.2 herein, who happens to be one of the Members of “Samratnagar Co-operative Housing Society Ltd.”, which is a Society registered under the provisions of the Gujarat Co-operative Societies Act, 1961 (for short, “the Cooperative Societies Act”). It is the case of the applicants that they are the President and Secretary respectively of the Society. It is alleged that on 03.04.2016 the applicants had entered into a land bearing Survey Nos.44/5 + 44/6 paiki + 44/7 of Village : Vavdi Buzard, ad-measuring 4,047 square metres, which was owned by one Vrajesh Narayandas Parikh and others and had put up a fence around the land in question. Thereafter, in the General Body Meeting of the Society, the applicants obtained permis

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