DINESH GHEVARCHAND JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Service of rule is waived by learned APP Mr. KP Raval for respondent No. 1-State and learned advocate Mr. Gaurang Manav for respondent No. 2.

(2.) THE present petition has been filed under Art. 226 of the Constitution of India read with sec. 482 of the Code of Criminal Procedure for the prayer that the FIR being C.R. No. I-1/2011 lodged with Sanand Police Station may be quashed and set aside on the grounds stated in the petition.

(3.) AN affidavit-in-reply has been filed on behalf of respondent No. 2-complainantreferring to the facts about the wife of the complainant having entered into the banakhat or power-of-attorney with the original owners of the lands situated at Village Kundal, Taluka Sanand, Dist. Ahmedabad and the fact that the petitioner and others have entered into the transaction of lands in spite of the knowledge that there was a banakhat/agreement to sell in favour of the wife of the complainant in connivance with the other owners and thereby have committed the offences. There is reference to a kabulatnama by the heirs of some of the original owners which is referred in the reply.