Zala Khumansinh Umedsinh Poa Of ... vs State Of Gujarat
2025 Latest Caselaw 5898 Guj

Gujarat High Court

Zala Khumansinh Umedsinh Poa Of ... vs State Of Gujarat on 21 April, 2025

                                                                                                               NEUTRAL CITATION




                             R/SCR.A/1217/2019                                  ORDER DATED: 21/04/2025

                                                                                                               undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1217 of 2019

                       ==========================================================
                         ZALA KHUMANSINH UMEDSINH POA OF KUNDANBA NARENDRASINH
                                                 RATHOD
                                                  Versus
                                         STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR NIKHIL S VYAS(5663) for the Applicant(s) No. 1
                       NOTICE UNSERVED for the Respondent(s) No. 2
                       MR MANAN MEHTA, APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 21/04/2025

                                                             ORAL ORDER

1. By way of this petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs :-

"A) Your Lordship may be pleased to allow this application. (B) Your Lordship may be pleased to quash and set aside the judgment and order dated May 30, 2018 pronounced by the Id. Additional Sessions Judge, Rajkot in Criminal Revision Application No. 45 of 2017 below Ex. 18 in the interest of justice:

(C)Your Lordship may be pleased to quash and set aside the judgment and order dated March 17, 2017 passed by the Learned 4 Additional Chief Judicial Magistrate, Court, Rajkot being Criminal Enquiry Case No.260 of 2013 in the interest of justice, (D)Your Lordship may be pleased to direct the Ld 4* Additional Chief Judicial Magistrate, Court Rajkot to reconsider the Criminal Enquiry Case No. 260 of 2013 and take cognizance against the respondent no.2. (E) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may

NEUTRAL CITATION

R/SCR.A/1217/2019 ORDER DATED: 21/04/2025

undefined

be granted."

2. Brief facts of the case are as under :-

2.1. That One Smt. Kundanba Narendrasinh Rathod is having immovable properties at Rajkot Registration District, Sub -

District - Rajkot, Village: Nana Mava, Revenue Survey No. 123 Part, Ruda site and Service Yojana No. 2 Paiki Class M.L.G. - 2 (Group B) Paiki Plot No. 68, Land Admeasuring: 170 Sq.Mts. and the tenement Constructed thereon, Gujarat State, India. The property was purchased from Gajendrasinh Khumansinh by way of Registered Sale deed No. 818. dtd. 20/02/1999. That Smt. Kundanba Narendrasinh Rathod is residing at U.S.A. since long so, she could not come to India for take care of the said property. Therefore, she has executed Power of Attorney and gave power to the present petitioner named Khumansinh Umedsinh Zala for the management and sales of the said property ether on part en is full. The copy of Power of Anomey executed by San. Kasdanba Narendrawinh Rathod That in this property there is two floors one is ground floor and test floor. Therefore, as per instruction of Nitu Kundants N. Rathosd, the petitioner has given on rent the ground floor of the property to the respondent no. 2 by way of execute rent agreement. But not given first floor on rent to the respondent no. 2.

2.2. Thereafter, the respondent no. 2 was under gone in jail for the offences punishable under section 302 in another case, So, the petitioner was going to jail every month for collect rent from the respondent no. 2. Thereafter, the respondent no. 2 was released on bail. When the petitioner came to know about the respondent no. 2 that he is released on bail, the petitioner again

NEUTRAL CITATION

R/SCR.A/1217/2019 ORDER DATED: 21/04/2025

undefined

went to the house of the respondent no 2 for demand the rent of the said property but the respondent no. 2 has denied to give rent for the said property. Meanwhile, the petitioner also came to know that the respondent no. 2 has also broken the lock of two rooms of first floor of the said property and some personal items of the petitioner and taken unlawfully possession of the said property. For that incident the petitioner has talked with respondent no.2 but he said do whatever you want to do. So, the petitioner has given so many application to the police station, commissioner of police etc. but not given proper reply by the police agency. For that reason, the petitioner has filed Criminal Enquiry Case No. 260 of 2013 before the Ld. Addl. Chief Judicial Magistrate Court, Rajkot where the Ld. Court has passed the order did. 17/03/17 and rejected the complaint. Being aggrieved by the order passed by the Ld. Magistrate Court, Rajkot in Criminal Enquiry Case NO.260 of 2013, the petitioner has filed Criminal Revision Application No. 45 of 2017 before the Ld Addl. Session Judge, Court, Rajkot and same came to be rejected and confirmed the order passed by the Ld. Magistrate Court, Rajkot in Criminal Enquiry case No. 260 of 2013. Hence, present Application.

3. Heard learned advocates for the parties.

4. What could be notice that Criminal complaint was filed by the petitioner before the learned CJM, Rajkot and it was registered under section 420, 427, 380 of IPC, which was registered as Criminal Inquiry No.260 of 2013. Gist of the complaint was that petitioner had rented part of the premises to respondent no.2 and since respondent no.2 did not vacate the

NEUTRAL CITATION

R/SCR.A/1217/2019 ORDER DATED: 21/04/2025

undefined

premises even after 11 months, criminal complaint was filed. Initially, it was kept for inquiry, police report was called under section 202 of Cr.P.C. and later on learned JMFC found that dispute between the parties is in the nature of civil dispute, therefore, learned JMFC on 17.03.2017 dismissed the Criminal Inquiry. Being aggrieved and dissatisfied with the said order, the petitioner preferred Revision under section 397 of Cr.P.C. being Criminal Revision Application No.45 of 2017 before the learned Sessions Court, Rajkot.

5. The issue was large before the learned Sessions Court, where the petitioner himself remained present and he was heard. His submission was noted by learned Sessions Court. Learned Sessions Court after hearing party in person and learned advocate for respondent no.2 did not find any illegality in the finding of learned trial Court and dismissed the Revision. Hence, the petitioner is before this Court by preferring present petition.

6. Learned advocate Mr.Vyas for the petitioner could not point out any illegality in the concurrent impugned orders passed by learned Courts below. Admittedly, what is alleged in the criminal complaint is civil dispute between the parties and it has been given color of criminality. The petitioner tried to vacate rented premises through criminal proceedings, which is not permissible. Rent Act and Transfer of Property Act takes due care for the lis between the parties and also remedy and relief to the petitioner. It was argued by petitioner before the learned Sessions Court that he has been directed by learned Small Causes Court to file criminal complaint and therefore, he has filed criminal complaint. Such bald statement cannot be

NEUTRAL CITATION

R/SCR.A/1217/2019 ORDER DATED: 21/04/2025

undefined

permitted to be argued before the learned Sessions Court and it cannot be reason to entertain Revision Application. This Court does not find any reason to interfere with concurrent findings of learned Courts below.

7. In view of above, the petition is dismissed.

(J. C. DOSHI,J) SATISH