Gulamabbas Gulamnabi Shaikh vs State Of Gujarat
2021 Latest Caselaw 15325 Guj

    R/SCR.A/8961/2021                                ORDER DATED: 29/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 8961 of 2021

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                        GULAMABBAS GULAMNABI SHAIKH
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR MRUGEN K PUROHIT(1224) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2,3,4,5,6,7,8
MS SS PATHAK APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 29/09/2021

                                ORAL ORDER

Heard Mr. Mrugen K. Purohit, learned advocate for the applicants. The applicants seek to challenge the judgment and order dated 20.07.2020 passed by the learned 5th Additional Sessions Judge, Surat in Criminal Case No. 220 of 2019 filed by respondent no. 3, mainly on the ground that possession of the disputed land is still with the applicants and civil suit filed by the parties is still pending before the competent civil court, wherein, order of status-quo being passed in favour of the applicants.

The Revisional Court while allowing the revision of respondent no. 3 set aside the order of Executive Magistrate dated 19.5.2019 and further directed that the possession of the property is to be kept with PSI, Rander Police Station till final disposal of the Special Civil Suit No. 201 of 2012.

This Court is of the considered view that the learned Revisional Court has exceeded its jurisdiction while directing to keep the possession with PSI, Rander Police Station. Thus, matter deserves consideration. Let

R/SCR.A/8961/2021 ORDER DATED: 29/09/2021

notice be issued to the respondents returnable on 02.02.2022. Learned APP waives service of notice on behalf of respondent State. In the meanwhile and till the returnable date, interim relief in terms of para-8B is granted.

(ILESH J. VORA,J) P.S. JOSHI