LAWS(GJH)-2023-1-1872

GURUKRUPA CONSTRUCTIONS Vs. STATE BANK OF INDIA

Decided On January 04, 2023
Gurukrupa Constructions Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned APP waives service of Rule on behalf of the respondent- State.

(2.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing the FIR bearing CR No.I-184/2015 registered with Aslali Police Station, Ahmedabad (Rural) for offences punishable under Sec. 465, 467, 468, 471, 120B of the IPC and to terminate all the subsequent proceedings in connection with the FIR.

(3.) Ms. Ayushri Thakkar, learned advocate with Mr. Maulik Nanavati for the petitioner states that the petitioner is permanent resident of Ahmedabad and is engaged in the activity of farming and selling dairy products. Ms. Thakkar submits that Manubhai Dahyabhai Shah owned land bearing plot no.43, admeasuring 1021 sq. yards (853.67 sq. mtrs.) in Azad Nagar Society being land bearing survey nos.216, 217, 267 to 270, 278, 280 to 286, 291, 293, 294, 472 to 477 and 490 to 496, situated in the sim of Village Fatehwadi, Taluka Dascroi, District Ahmedabad. Ms. Thakkar submits that Azadnagar Plot Holder Association was registered under the Bombay Non-Trading Corporation and had issued share certificate to Manubhai Dahyabhai Shah in his capacity as registered share holder of the association and owner of the land. Ms. Thakkar states that the share certificate dtd. 10/8/1989 and the consent letter given in favour of Manubhai Dahyabhai Shah to carry out the construction over the said plot of land using the services of a common architect appointed by the association reflects his title over the property.