DEVANSHU SANATKUMAR POTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being I-C.R. No.23/2016 registered with Balasinor Police Station, Dist.: Mahisagar for the offfences punishable under Sec. 384 and 511 of IPC.

(2.) Mr. Tulshi R.Savani, learned advocate for the applicant submits that, the applicant, at the time of the FIR, was Chief Officer of Balasinor Nagarpalika, and though being a government servant without any prior sanction, the FIR has been lodged. Mr. Savani submits that he has been falsely dragged into the criminal case, where the dispute was between the members of the society, president and secretary of Umiyakrupa Society. 2.1 Mr. Savani submits that notice was issued by the present applicant in his official capacity of being a Chief Officer of Nagarpalika instructing the complainant to remove the illegal construction till 6/4/2016. Mr. Savani submits that any meeting conducted by the President or the Secretary of the Umiyakrupa Society and any conversation, would have no relevance or connection with the present applicant being a Chief Officer of the Nagarpalika, and as soon as any illegal construction or encroachment is brought to the notice of the Chief Officer, then he is duty bound to issue a notice, and thus whatever act of issuing notice would be under his official duty and thus no prosecution should lie against the applicant as a public servant in view of the provisions of Sec. 195 and 197 of Cr.P.C.

(3.) Mr.Sanat Pandya, learned advocate for the respondent no.2 submits that the complainant has alleged the act of extortion in connivance with the co-accused and thus submits that the FIR could not be quashed at the initial stage.