Ishwarbhai Shankarbhai Patel vs State Of Gujarat
2021 Latest Caselaw 3727 Guj

        R/CR.MA/3500/2021                                   ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 3500 of 2021

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                    ISHWARBHAI SHANKARBHAI PATEL
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
Mr. Manan Mehta, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 03/03/2021
                              ORAL ORDER

By way of present application, the applicants have prayed

to quash and set aside the FIR being I-CR No. 60 of 2018

registered with Bopal Police Station, Ahmedabad(Rural) for the

offence punishable under Sections 406, 420 and 114 of IPC and

all subsequent proceeding of Criminal Case No. 1404 of 2019

pending before the Court of learned 4th Additional Civil Judge

& Judicial Magistrate First Class, Mirzapur, Ahmedabad.

Heard learned advocate for the applicants.

It was submitted by learned advocate for the applicants

that all the land owners through their power of attorney and

their heirs had executed the registered sale deed in favour of

applicant Nos. 1 and 2 on 17.5.2008 for the consideration of Rs.

R/CR.MA/3500/2021 ORDER

21.00 Lakhs. That, none of the ingredients of under Sections

406, 420 and 114 of IPC are satisfied and therefore, no prima

facie case is made out against the present applicants. That,

there is inordinate and unexplained delay of 10 years in filing

the impugned FIR as the alleged offence has taken place in the

year 2008, whereas the impugned FIR has been lodged in the

year 2018. In support of his arguments learned advocate for the

applicants has relied upon the judgment of the Apex Court

rendered in case of Satischandra Ratanlal Shah Vs. State of

Gujarat reported in 2018 (9) SCC 148.

Issue requires consideration.

Notice returnable on 31st March, 2021. Learned APP

waives service of notice for and on behalf of the respondent

No.1-State.

Applicants are permitted to request the learned trial court

concerned for adjourning the matter and learned trial court

may consider the request of the applicants till the returnable

date of notice of this court.

(B.N. KARIA, J) BEENA SHAH