CAV JUDGMENT

1. By filing the present petition under Articles 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereinafter, to be referred as the CrPC), the petitioner has prayed for the following relief:

“(A) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, quash and set-aside the order dated 15.01.2019 passed by learned Sessions Judge, Surat, in Criminal Revision Application No.291 of to 2018, (At ANNEXURE-A hereto);

(B) During the pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to stay the operation, implementation and execution of the impugned judgment dated 15.01.2019 passed by learned Sessions Judge, Surat, in Criminal Revision Application No.291 of 2018;

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;”

2. The facts and circumstances giving rise to filing of the petition are such that the FIR being I-C.R. No.777 of the 2008 came to be registered with Umra police station, Surat city for offence punishable under section 406, 430, 465, 467, 468, 471 and 120B of the Indian Penal Code against 11 persons. Initially, the investigating agency carried out the investigation into the FIR and submitted a C-Summary Report before the learned Trial Court. The learned Trial Court did not accept the C-Summary Report and ordered further investigation. After carrying out the further investigation, the investigating agency filed charge-sheet against the accused persons along with the respondent no.02. Thereafter, the respondent no.2 approached the learned Trial Court by filing an Application under Section 239 of the CrPC vide Exhibit-95. Learned Trial Court dismissed the said application vide order dated 19.07.2018. Being aggrieved by the said order, respondent no.2 approached the Learned Sessions Court by filing Criminal Revision Application No.291/2018. Learned Sessions Court vide order dated 15.01.2019 allowed the said Revision Application and discharged respondent no.2 herein from the charges. Being aggrieved by the said order, the petitioner has approached this Court by filing the present petition.

3. Heard learned advocate Shri. P. P. Majumdar appearing for the petitioner. He submitted that the Learned Sessions Court has not considered the material collected against respondent no.2 in proper perspective. The respondent no.2 was very much part of the conspiracy hatched for committing the present offence and as a part of the said conspiracy, he had signed several documents in the capacity of a witness and therefore, respondent no.2 is implicated in the present offence with the help of Section 120B of the Indian Penal Code. The material collected by the investigating agency against respondent no.2 is sufficient to prosecute him for the offence in question. He further submitted that though respondent no.2 was quite aware of the fact that the petitioner herein had purchased the disputed land, he had agreed to be the witness to the documents which were executed with the intention of usurping the land in question. He further submitted that the Learned Sessions Court had discarded the observations made by the Learned Trial Court without any cogent reasons. He therefore submitted to allow the present petition and quash and set aside the impugned order.

4. Learned APP has supported the case of petitioner and submitted to quash and set aside the impugned order.

5. Learned Senior Advocate Shri. Anshin Desai appearing for respondent no.2 submitted that the order impugned in the petition is just and proper and the same does not require any interference at the hands of this Court. He therefore submitted to dismiss the petition.

6. Heard learned advocates for the parties. The dispute involved in the present case revolves around land bearing Survey No.392(B) situated at Village-Vesu, Di