JOSHI DHARMISHTABEN ARVINDKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicants under Sec. 482 of the Code of Criminal Procedure invoking the inherent jurisdiction of this Court to quash and set-aside order dtd. 19/6/2013 and the proceedings initiated pursuant to the Criminal Inquiry Case No.10 of 2013 registered in the Court of learned Judicial Magistrate, First Class, Radhanpur.

(2.) Heard learned advocate Mr.D.K.Puj for the applicants, learned advocate Mr.Hasurkar for the respondent no.2 - complainant and learned APP Mr.L.B.Dabhi for the respondent no.1 - State.

(3.) Learned advocate appearing for the applicants has submitted that the present application is filed for quashing the Criminal Inquiry Case No.10 of 2013 preferred against the present applicants. He has submitted that earlier also, on the same subject matter, one Mr.Ibrahim Hussainbhai Shaikh had filed Inquiry Case No.35 of 2011 against the applicants and other persons and the learned Magistrate was pleased to direct for the investigation under Sec. 202 of the Code of Criminal Procedure. Thereafter, the Police Inspector had submitted a detailed report after carrying out the investigation. The Inquiry Case No.35 of 2011 is still pending. Meanwhile, the present respondent no.2 filed a second Criminal Inquiry Case No.10 of 2013 against the applicants on the same subject matter, wherein it has been stated that the applicants have carried out illegal construction and have encroached upon a Government land. The said complaint is filed by the respondent no.2 though he is not the owner or occupier of the land or authorized by the Nagarpalika in this behalf. It is submitted that with a view to harass the applicants and to abuse the process of law and with a malafide intention, the respondent no.2 - complainant has filed the present complaint and based on the said complaint, the learned Magistrate has passed an order of investigation under Sec. 202 of the Code of Criminal Procedure. It is submitted that even though civil proceedings are pending before the civil court, the learned Magistrate has passed the order of inquiry under Sec. 202 of the Code. The dispute is purely of a civil nature and it is with regard to the title and ownership of the land in question. Hence, the learned advocate has requested this Court to allow the present application by quashing and setting aside the order dtd. 19/6/2013 and the proceedings initiated pursuant to the Criminal Inquiry Case No.10 of 2013 by the learned Judicial Magistrate, First Class, Radhanpur.