SHARDABEN KESHAVLAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners are the original accused. They seek quashing of complaint Annexure A being C.R.I-No.117/2003 filed by respondent No.2 herein at Vapi Town Police Station. In the complaint, it is alleged mainly that the complainant had agreed to purchase a plot of land from petitioner Nos.1 to 3. She paid up the agreed amount and documents were also executed in her favour. However, later on, it was revealed to her that on the basis of power of attorney given by the accused with respect to the same land, certain transactions were carried out by the third party.

(2.) Learned advocate Mr.Bharda appearing for the petitioners drew my attention to various documents on record. Previously, on behalf of HL Patel Advocates, it was conveyed to the Court that they have no instruction to appear on behalf of the complainant any further. However, it appears that no formal note was filed and no permission has so far been granted by the Court. Be that as it may, it was conveyed today on behalf of HL Patel advocates that they have not received any instructions from the complainant despite best efforts.

(3.) From the documents on record, it appears that with respect to the subject matter land, the petitioners Nos.1 to 3 previously collected a sum of Rs.1,84,000/- from one Abdulrahim Karodia and simultaneously, power of attorney was also given. However, subsequently the amount was repaid and the power of attorney was also recalled, despite which he tried to enter into transaction of the said laid and one Abdulla Gulam Rasul filed Special Civil Suit No.52 of 2003 joining the complainant as one of the defendants. Counsel for the petitioners, however, pointed out that subsequently, the plaintiff withdrew the suit in the year 2004 itself and no further proceedings are carried. The complainant is thus enjoying peaceful possession and ownership of the land in question.