DINESHCHANDRA CHANDUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Yogesh Lakhani assisted by learned advocate Mr. P.P. Majmudar, learned advocates Mr. Dalfraz Havewalla, learned advocate Mr. Ariez Munshi, learned advocate Mr. Apurva Kapadia, learned advocate Mr. Ashok Purohit on behalf of Mr. Parth Patel for the respective parties and learned Public Prosecutor Mr. Mitesh Amin with learned Assistant Public Prosecutor Ms. Chetna M. Shah for the respondent State.

(2.) This is an application filed by the third party for joining him as party respondent in Criminal Misc. Application No. 2502 of 2020 on the ground that the applicants have one third share in the property which is the subject matter of the main petition on the ground that their names appear in the village form No.7 and 12 of the revenue records. The applicants have not filed any complaint till date for their one third share in the property, nor raised any grievance before any authority at any point of time. It appears from the affidavit-?in-?reply filed on behalf of the respondent nos.3 and 4 who are the original accused persons and petitioners in the main petition, wherein, in paragraph-?5 thereof it is stated that the statements of the father and uncle of the applicants were recorded to the effect that they had already sold the land to Shri Arjunbhai Shantilal Patel and Shri Harishbhai Nanjibhai Umrigar and also received consideration, and therefore, the claim of the applicants that they are the joint owners of the land in question is an absolute false claim. Considering such statement, this application is not required to be entertained, as the main matter is filed for quashing the complaint due to settlement between the parties. The applicants are therefore, neither necessary nor proper party in the present proceedings and applicants may take appropriate action for protection of their rights, if any, in accordance with law.

(3.) In such circumstances, the Criminal Misc. Application No.1/2020 in Criminal Misc. Application No.2502/2020 being devoid of any merit is hereby rejected.