NARESH NEMCHANDBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition, under Sec. 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, is filed by the petitioners ' original accused for :- (i) quashment of the impugned summons / notice dtd. 5/9/2024, 11/10/2024 and 6/11/2024 issued by respondent No.3 i.e. the Deputy Superintendent of Police, CID Crime, Ahmedabad Zone, Ahmedabad pursuant to the application dtd. 28/6/2024 filed by the original complainant ' respondent No.4, (ii) directing respondent No.3 to place on record the said application dtd. 28/6/2024 being No.CID/AU Application No.1045/1373/2024 and quash the same and (iii) restraining respondents No.2 and 3 from carrying out any investigation / inquiry pursuant to the said application dtd. 28/6/2024 pending this petition.

(2.) Heard learned senior advocate Mr.Anshin Desai with learned advocate Mr. Apurva Kapadia for the petitioners, learned advocate Mr. Dipan Desai for original complainant and learned Public Prosecutor Mr.Hardik Dave with learned Additional Public Prosecutor Mr.Adityasinh Jadeja for the State.

(3.) Learned senior advocate Mr.Anshin Desaid for the petitioners has submitted that on bare reading of the allegations levelled by the complainant, it does not constitute any offence as alleged and, therefore, the application dtd. 25/6/2024 filed by the complainant is not maintainable. He has further submitted that the said complaint is filed after a delay of almost 8 years from the date of the sale transaction. He has also submitted that the complaint in question is field only to blackmail the petitioners for oozing out money. He has also submitted that the alleged purchase of the complainant is of the year 2016 from one Rashikbhai Lallubhai Patel, who had no right, title or interest to enter into the sale deed, once the land was sold to plot holders from the year 2007 onward and therefore, such a filing of an application for registration of FIR after delay of almost 8 years from the sale itself is an abuse of process of law.