NARENDRABHAI MATHURBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Advocates for both sides.

(2.) MR . Keyur A. Vyas, learned Advocate for the applicants has pointed out that he has filed one additional affidavit on 26th of December, 2012 after providing its copies to the other side. By means of such affidavit, he has produced final report submitted by the Police Inspector, Sola police station, Ahmedabad, which is on record at page no. 73. By such report, police has submitted "B" Summary in which it is stated that there is no evidence and, therefore, no case is made out. It is further stated that the police has observed that the dispute between the parties is of civil nature but because of increase in price of land, complaint was filed to get some more money. Therefore, Mr. Vyas for the applicants prayed that this petition be allowed as prayed for in para 14(A) of the petition.

(3.) THE fact remains that this petition was filed in the year 2007 wherein by order dated 28th December, 2007 an interim relief in terms of para 14(B) of the petition, was granted. In para 14(B) of the petition, it was prayed to stay further investigation and proceedings of Complaint M. Case No. 2 of 2007 filed by the respondent no. 2 before the learned Additional Chief Judicial Magistrate, First Class (Rural). However, insofar as, Complaint being M. Case No. 2 is concerned, its number seems to be incorrect, inasmuch as, in "B" Summary report dated 28th March, 2008 submitted by the police before the trial court, copy of which is produced on record at page 73, discloses M. Case No. 12 of 2007.