SAHAJANANDBHAI NARSINHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has mainly raised the grievance about non- registration of FIR on the basis of application dtd. 22/9/2016, which was investigated by the concerned Investigating Officer and ultimately vide report dtd. 4/5/2017 he opined that no case for registration of complaint is made out and the same was communicated to the petitioner vide communication dtd. 13/7/2017, the petitioner has prayed for quashing and setting aside the communication dtd. 13/7/2017 and report dtd. 4/5/2017 by way of this petition under Article 226 of the Constitution of India.

(2.) Heard Mr.N.K.Majmudar, learned advocate for the petitioner and Ms.Maithili Mehta, learned APP for the State respondent.

(3.) It is the case of the petitioner that the petitioner purchased a property belonging to Baroda Carbide Company, which could not repay the loan advanced by Gujarat State Finance Corporation and hence public auction of the property was held and the petitioner was the successful bidder and paid the full auction price and even a certificate to that effect was issued in favour of the petitioner. After the entire sale consideration was paid, the petitioner came to know that there were some dues of electricity company of Gujarat Electricity Board, which was not disclosed to the petitioner and there was a pending case against erstwhile company being Baroda Carbide Company. Further a theft of goods and machinery worth Rs.1.15 Crores took place on 24/4/2004 for which FIR was also registered and criminal case is pending. It is the case of the petitioner that the petitioner had availed the finance facility to the tune of Rs.78,50,650.00 which he could not repay, and therefore, some proceedings were initiated before the Debts Recovery Tribunal in the year 2009 and ultimately once again re-auction of the property took place. As the petitioner was under the impression that some of the employees of the Gujarat State Financial Corporation have committed trespass and due to which the property was subjected to re- auction, he filed an application dtd. 22/9/2016 for registration of FIR for cognizable offence against the concerned persons.