SHAILESH BABULAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Criminal Procedure Code for the following reliefs;

(2.) It is contended by the petitioners that the FIR has been filed by one Rajubhai Ravjibhai Desai inter alia mainly stating that he is residing at the address mentioned in the complaint along with his family and doing construction work in the name and style of "Sidhhi Vinayak Corporation" and earning his livelihood. It is further contended by the complainant that at present one construction site is running at Village : Laskana, District: Surat and block no.(D) is completed and possession is also given to the customers many of them are residing in the said building and for other blocks, construction work is going on.

(3.) Reciting the contentions of the alleged FIR, it is submitted by the petitioners that they have not committed any offence as alleged and they are sought to be implicated falsely in the present case and the impugned FIR is second FIR in number as for the same alleged conspiracy earlier separate FIR came to be registered which is even otherwise, not permissible as per the law and, therefore, the petitioners do not have any option but to approach this Court. It is submitted by the petitioners that in the present case, on 23.08.2020 at 1.00 pm, FIR came to be registered with Sarthana Police Station, Surat for the offences under Section 447, 448 and 114 of the Indian Penal Code and Section 25(1-A), 25(1-B)(A) and 29 of the Arms Act by one Prakashbhai Maganbhai Hathila, who is serving as Police Sub Inspector pursuant to the complaint made by one Rajubhai Desai to the Police Commissioner, Sector 1, Surat mainly alleging of tresspass by the four persons in the property of the complainant and others with police personnel have gone to the place where four persons namely (1) Salimbhai Ibrahimbhai Theba; (2) Sajit Sultanbhai Theba; (3) Hanif Allarakha Darzada and (4) Umarbhai Kasambhai Patni were found with alleged weapons as narrated in the FIR came to be seized from them and accordingly, FIR came to be registered.