KANTIBHAI RAMJIBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) By way of this application, the applicant seeks to challenge the legality and validity of the order dtd. 23/6/2023 passed by the learned Chief Judicial Magistrate, Panchmahal, whereby the learned trial Court Judge rejected the application - Exhibit 34 which was submitted in Criminal Case No.3036 of 2010, praying discharge qua the First Information Report (FIR) registered with Vejalpur Police Station, Taluka Kalol, Panchmahal as C.R. No.I-12 of 2010, filed on 7/2/2010, for the offences punishable under Ss. 120B, 465, 467, 468, 471, 406, 420 and 114 of the Indian Penal Code (IPC).

(3.) The charge-sheet came to be filed to the facts that the father of the first informant, deceased - Jethabhai Khoyabhai, is the uncle of Vankar Dahyabhai Khoyabhai, the aunts - Pashiben and Laliben who are the co-owners of the ancestral land bearing Survey No.116/1 situated at Village Jitpura, District Panchmahal. As per the allegations, the accused No.4, i.e. Abdullah Haji Abdulrehman Batook in collusion with the other accused purchased the said land by Registered Sale Deed dtd. 25/2/2008.