IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12173 of 2024 ==========================================================

RAJUBHAI @ RAJESHBHAI DHARAMSIBHAI THAKKAR & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

MS SANGITA M CHAUHAN, ADVOCATE for MR PV PATADIYA(5924) for the Applicant(s) No. 1,2,3 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 22/11/2024

ORAL ORDER

1. The present application under Section 482 of the Code of Criminal Procedure, 1973, is filed by the applicants for quashment of the Special Land Grabbing Case No.25 of 2023 pending before the learned 4th Additional District Judge, Ahmedabad (Rural), which is arising from the impugned FIR No.11192008230172 of 2023 registered with the Bavla Police Station for the offences punishable under Sections 3, 4(1), 4(2), 4(3), 5(c) and 5(e) of the Gujarat Land Grabbing (Prohibition) Act, 2020 (‘the Land Grabbing Act’ for short).

2. Heard learned advocates.

3.1 Learned advocate Ms.Sangita M. Chauhan for learned advocate Mr. P.V. Patadiya for the petitioners has submitted that the present complaint is filed under the provisions of the Land Grabbing Act and charge-sheet is also filed. She has further submitted that while granting anticipatory bail, the Court has observed something in the order in favour of the applicants. She has also submitted that the civil litigation are also pending, therefore, the impugned proceeding amounts to abuse of process of law.

3.2 It is further submitted that the present FIR is a classic case of abuse of process of law, more particularly, it is under the Land Grabbing Act. Therefore, the Court should interfere in the proceedings and quashed the same. It is also submitted that on merit also, in respect of very parcel of land, civil litigation is pending since more than ten years and as the Land Grabbing Act comes into force in the year 2020, the complainant is trying to take wrong advantage of the Act.

3.3 It is also submitted that the impugned FIR is in contravention in spirit of the Land Grabbing Act and Rule 5 of its Rules. It is submitted that the authority has overlooked the actual record of the land in question and has not appreciating the facts on record. It is also submitted that in fact, the complaint is lodged after a huge delay and the applicants are in actual possession of the land in question since last 35 years before the Land Grabbing Act comes into force and therefore, the FIR is nothing but an abuse of process of law. Lastly, it is submitted that the action impugned is violative of Articles 14 and 21 of the Constitution of India, therefore, it requires interference by this Court.

4. Learned APP for the State has strongly objected this application and has submitted that on bare reading of the FIR, offence is made out against the applicants. It is submitted that merely filing of the civil proceedings will not preclude the present applicants to file criminal proceeding. It is further submitted that after proper investigation, charge- sheet is also filed by the investigating officer. There is specific role of the present applicants, which is coming on record, which requires further trial. The proceedings which is filed for quashment of the FIR and charge-sheet, at this belated stage, under Section 482 of the Code of Criminal Procedure, 1973, is not required to be entertained as no case is made out which can be said that there is an abuse of process of law and discretion should be exercised by this Court very sparingly under Section 482 of the Code. It is, therefore, prayed that this application may be rejected and no relief may be granted to the applicant/s at this stage.

5.1 This Court has considered the rival submissions made by the learned advocates for the respective parties. This Court has also perused th