Vaishaliben Mitulbhai Gorasiya vs State Of Gujarat
2021 Latest Caselaw 4066 Guj

         R/SCR.A/2754/2021                                     ORDER




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 2754 of 2021

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                    VAISHALIBEN MITULBHAI GORASIYA
                                 Versus
                          STATE OF GUJARAT
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Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Ms. Monali Bhatt, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                             Date : 10/03/2021

                              ORAL ORDER

By way of present application, the applicant has challenged the judgment and order dated 15.2.2021 passed by the learned 16th Additional Sessions Judge, Surat in Criminal Revision Application No. 134 of 2020 and order dated 26.2.2020 passed by the Executive Magistrate, Surat City, Puna Area in Case No. MAG/CRPC Section

-145/SARTHANA POLICE STATION CASE NO. 8/2018.

Heard learned advocate for the applicant. It was submitted by learned advocate for the applicant

that the applicant is the registered owner of the subject

property and he is in legal possession of the subject property

since the date of registered sale deed. That, the name of

applicant is also reflected in the record of various

R/SCR.A/2754/2021 ORDER

Government/Semi-Government authorities. That, the

respondent No.2 was never owner of the subject property. The

subject property was self acquired property of Jigneshkumar

Kanubhai Dhameliya alone. That, the respondent No.2 was not

even joint owner of the subject property which is evident from

the registered sale deed. That, the scope of powers under

Section 145 of the Code of Criminal Procedure is with respect

to maintain peace and tranquility. That, the respondent No.2

has given a different color to her matrimonial dispute and

achieved something which cannot be permitted under Section

145 of the Code of Criminal Procedure.

Issues requires consideration.

Rule returnable on 5.5.2021. Learned APP waives service

of notice of rule for and on behalf of the respondent No.1-State.

In the meantime, ad-interim relief in terms of para 9 (C)

of petition is granted till returnable date.

(B.N. KARIA, J) BEENA SHAH