Mohammad Sajid @ Saju @ Sajju ... vs State Of Gujarat
2024 Latest Caselaw 5111 Guj

Gujarat High Court

Mohammad Sajid @ Saju @ Sajju ... vs State Of Gujarat on 20 June, 2024

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                              NEUTRAL CITATION




      R/SCR.A/4731/2022                        ORDER DATED: 20/06/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION (FOR CHALLENGING
                 VIRES/ULTRA VIRES) NO. 4731 of 2022
==========================================================
     MOHAMMAD SAJID @ SAJU @ SAJJU GULAMMOHAMMAD KOTHARI
                             Versus
                    STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE PRANAV TRIVEDI

                          Date : 20/06/2024

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The challenge in the present petition is to the FIR lodged

against the petitioner for the offence under the Gujarat Land

Grabbing (Prohibition) Act, 2020 and the Rules framed

thereunder. The interim order was initially granted on

account of the challenge to the validity of the Gujarat Land

Grabbing (Prohibition) Act, 2020, entertained by this Court.

By means of the judgment and order dated 9.5.2024 passed by

the Division Bench of this Court in Special Civil Application

No. 2995 of 2021 and allied matters, the validity of the

NEUTRAL CITATION

R/SCR.A/4731/2022 ORDER DATED: 20/06/2024

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Gujarat Land Grabbing (Prohibition) Act, 2020 and the Rules

made thereunder has been upheld. As regards further

challenge to the correctness to the criminal proceedings

initiated against the petitioner with the lodging of the FIR, on

a query made by the Court as to right of the petitioner to

retain possession of the land in question, nothing could be

brought before us. The entire writ-petition is silent about the

right of the petitioner to occupy land in question and the

averments in the writ-petition are only on the validity of the

Gujarat Land Grabbing (Prohibition) Act, 2020.

2. For the aforesaid, we do not find any good ground to

entertain the prayer for quashing of the FIR dated 22.2.2022

lodged against the petitioner. The writ petition is accordingly

dismissed being devoid of merits. However, it is clarified that

the dismissal of the instant petition will not come in the way

of the petitioner in any substantive proceedings arising out of

the First Information Report.

(SUNITA AGARWAL, CJ )

(PRANAV TRIVEDI,J) SAJ GEORGE