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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
PANKAJBHAI MAHESHBHAI KHATRI & ANR. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
| Table of Content |
|---|
| 1. application under section 482 challenging fir. (Para 1 , 2 , 3) |
| 2. court observations on the lack of privity and alleged collusion. (Para 5 , 6 , 7) |
| 3. reiterated conditions for quashing fir. (Para 8) |
| 4. final decision to quash the fir. (Para 9) |
ORAL ORDER
Heard learned advocates for the respective parties.
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 , the petitioners prayed to quash and set aside the FIR being C.R.No.I-184 of 2014 registered with Sanand Police Station for the offences under Sections 406 , 420, 114 of Indian Penal Code and all the consequential proceedings arising therefrom qua the petitioners herein.
2. In an FIR, initially, offence under Sections 406 , 420, 114 of the IPC, but later on, offence u/s 120B of the IPC was added.
3. Learned advocate for the petitioners would submit that plain reading of the FIR does not attract offence punishable under Sections 406 , 420, 114 of the IPC. Even no essential ingredients of criminal breach of trust or entrustment arose. He would further submit that according to the FIR, Mr. Saurin Jyotindra Kavi, as of now has expired, has sold five parcels of land by registered sale
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