RAMCHANDJI VARJANGJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report bearing No.11195007200009 registered with Bhabhar Police Station for the offences punishable under sections 465 , 467 , 468 , 471 , 420 r/w. Section 120B of IPC.

(3.) Mr. Mehul Rathod, learned advocate for the applicant, submitted that prior to the filing of the impugned complaint, the complainant and others had instituted a civil suit against the applicant-accused and others seeking declaration and permanent injunction in their favour in respect of the subject land. It was submitted that the impugned complaint is a clear case of abuse of process of law inasmuch as the impugned complaint has been lodged in respect of an incident alleged to have been committed before about 12 years, i.e. on 25.03.2008. Thus, there is gross and unexplained delay of about 12 years in filing the impugned complaint.