VIRESH RAVJIBHAI TARSARIYA Vs. STATE OF GUJ ARAT

JUDGEMENT

(1.) Mr. Y.V. Vaghela, learned advocate for the applicant submits that, as such, no FIR has been registered till date and pursuant to the complaint filed by the complainant, the applicant is apprehending his arrest. He submits that, the impugned complaint filed by the complainant is ex-facie, false and frivolous and filed with ulterior motive without there being any offence being made out against the applicant. He further submits that, the said written complaint filed by the complainant with respect to the sale transaction in respect of land bearing Revenue Survey No.114/4, Block No.130/1 admeasuring 0/19/22 sq. meters of Village: Jahangirabad, City Surat (Adajan), Dist: Surat. He further submits that the applicant herein is a bonafide purchaser of the land in question by way of a registered sale deed dtd. 26/8/2022 bearing Registration No.1094/2022, which was purchased by him after payment of Rs.2,01,00,000.00 from Rajendra Madhavlal Vakhariya. He further submits that, prior to purchase of the above land in question of revenue survey no.114/4 admeasuring 0/19/22 square meters of Jahangirabad, the applicant through his advocate also issued a public notice for the same on 22/6/2022 and even MOU dtd. 20/6/2022 was executed between the parties i.e. the applicant and the complainant herein. He further submits that, the applicant had also executed a registered agreement to sale in his favour from the said complainant-seller dtd. 20/6/2022, wherein an amount of Rs.10,00,000.00 was paid by cheque to the said complainant. He further submits that, since thereafter, the complainant was not executing the sale deed in his favour, the applicant through his advocate had addressed a legal notice dtd. 22/7/2022 to the complainant and thereafter the registered sale deed was executed by the complainant with respect to the said land on or about 26/8/2022 for sale consideration of Rs.2,01,00,000.00. He further submits that, the applicant herein has not committed any offence as alleged and the impugned complaint is filed after a delay of more than 6 months on the ground that the amount is not paid and therefore, it appears that, the entire dispute between the parties is that of civil in nature for which criminal color is given by the complainant.

(2.) Under written instructions of the investigating officer, Mr. J.K. Shah, learned APP submitted that, at present the inquiry is going on with regard to the application submitted by the complainant and up till now not come to the conclusion that any FIR will be registered or not. It is also submitted that they do not propose to arrest the applicant at this stage. It is possible that at the end of the inquiry they may close the matter. At the same time, it is possible that at the end of the inquiry, they may deem fit to register the FIR and proceed with the investigation in accordance with law.

(3.) At this stage, I only propose to observe that there is no imminent threat of the applicant being arrested. I do not propose to pass any order of anticipatory bail. However, I make it clear that in future, ultimately if it is decided that the applicant is to be arrested, then he shall be informed about the same atleast ten days before, so that he may be able to take appropriate legal remedy before the appropriate forum, in accordance with law. The applicant shall cooperate with the inquiry.