RASENDRASINH BHAVANISINH THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for brevity), whereby the applicant has prayed that the F.I.R. being C.R. No.I-14 of 2011 dtd. 29/7/2011 registered with Surat City DCB Police Station, Surat, and charge sheet filed pursuant thereto as well as Criminal Case No.26970 of 2011 pending in the Court of learned Chief Judicial Magistrate, Surat, arising out of said FIR be quashed and set aside. This Court while issuing rule on 27/12/2016, granted ad-interim relief in terms of para 8(b) and thereby investigation has been stayed. However, from the record it appears that before the order was served to the concerned Investigating Officer, charge sheet was filed and, therefore, the applicants have also prayed that the charge sheet filed pursuant to filing of the aforesaid F.I.R. be quashed and set aside.

(2.) Heard learned advocate Mr.Hasit Ved for the applicants; learned Additional Public Prosecutor Mr.Dhawan Jayswal for respondent no.1-State. The learned advocate for the applicants referred to the impugned F.I.R. which is produced at page 18 of the compilation and submitted that in the said F.I.R. mainly it has been stated that the complainant is a businessman and his son is doing the business of purchase and sale of land in Surat. It is alleged that accused no.1, who is doing the business of land at Bengaluru came in contact with the son of the complainant, namely, Ketan as well as the complainant. The complainant had an interest to purchase certain antique items and in that context he had received a phone call from a seller from Delhi somewhere in the month of August 2010, whereby the said person informed the complainant that he wants to sell Rice Puller to him. Accused no.6 advised him that since there are several cheaters at Delhi and, therefore, he should take Ketan with him. It was also informed that the complainant can stay in the house of accused no.1. It is further alleged that accused no.1 received the complainant and his son-Ketan at the Airport and took them to his house, wherein they were beneficiaries of hospitality for three days, during which period no phone call was received from antique-item seller. Therefore, the complainant and his son returned. It is further alleged that after some time, antique-item seller called and informed the complainant to come to Palia, situated on Indo-Nepal border. At that time, applicant no.2-original accused no.2 informed the complainant that there are several cheaters in Palia and also told him that original accused no.5 would accompany the complainant with 4-5 persons. At that time also no phone call was received from antique-item seller, when he reached Palia and therefore, the complainant returned to Surat. It is further alleged that subsequently, in the first week of April 2011, the complainant received phone call from antique-item seller and the complainant was asked to come to Palia with Rs.5.00lacs for taking antique-item. The complainant, ultimately, purchased antique-item from the said seller after payment of Rs.5.00 lacs, which the complainant packed properly and put his signature. At that time, original accused no.5 informed the complainant that it was unsafe to take valuable item with him to Surat and, therefore, accused no.5 had asked the complainant to give the antique-item to him and he would bring it to Surat personally, and thereafter, he will hand over the same to the complainant. However, thereafter, accused no.5 demanded a sum of Rs.16.00 crores for bringing the antique-item from Palia to Surat. At that time, applicants no.1 and 2 as well as original accused no.6 asked the complainant to go back to his house and that they would talk and settle the matter. It is further alleged that applicant no.1 and original accused no.6 came to the house of the complainant on the next day and informed that these people are uncontrollable and ultimately, it was decided that the complainant should give Rs.5.25 crores to original accused no.5. It was also threatened that these people could kidnap or murder Ketan, who lived outside and, therefore, it was decided to give certain amount in installments. Ultimately, the complainant agreed and it is alleged that applicant no.1 in his writing had written on a piece of paper that the complainant needs to make payment of Rs.50.00lacs on 20/5/2011, Rs.75.00 lacs on 23/6/2011, and thereafter Rs.4.00 crores on 23/10/2011. It is further alleged in the F.I.R. that when the complainant has not sent money on due date as mentioned in the said piece of paper, original accused no.6 and applicant no.1 made phone call to the complainant and pressurized him for making payment. However, the complainant did not send money and thereafter, original accused no.5 approached the complainant and demanded money and also gave threats that the complainant will be kidnapped. He therefore, informed his brother-Naresh. Said Naresh has made arrangement for Rs.24.00 Lacs. Thereafter, original accused no.6 made phone calls and demanded money. Ultimately, when the complainant informed DCB Police, accused nos.1 to 4 - were arrested.

(3.) The learned advocate for the applicants mainly contended that the ingredients of the alleged offence are not made out in the impugned F.I.R. so far as the applicant herein is concerned and the story given by the complainant in the impugned F.I.R. is not at all believable. The conspiracy is hatched by the complainant for oblique purpose and though DCB Police Station, Surat, was not having territorial jurisdiction, the complainant has lodged the F.I.R. with the said Police Station. This itself shows that there is mala fide intention on the part of the complainant.