HARIPRASAD TRIKAMLAL DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SPECIAL Criminal Application No.749 of 2010 arises out of complaint being I -C.R. No.254 of 2008 registered with Sabarmati Police Station. The petitioner in Criminal Misc.Application No.460 of 2010 is the complainant in that complaint lodged before Sabarmati Police Station for offences under Sections 143, 147, 336, 341, 427, 294 -B and 506(1) of the Indian Penal Code. The said complaint was lodged on 29.05.2008. Thereafter, one of the accused in the above referred criminal complaint had filed Criminal Case before the Metropolitan Magistrate Court, Ahmedabad on the same issue. The said case is registered as Criminal Case No.1278 of 2009, which was filed on 19.12.2009. It was for offences under Sections 143, 147, 323, 384, 431, 341, 504, 506(2), 427 and 114 of the Indian Penal Code. The accused in that case, filed before the Metropolitan Magistrate Court, has filed petition, i.e. Criminal Misc.Application No.460 of 2010.

(2.) IT appears that dispute in the present case arose on account of construction of compound wall by the complainant of I -C.R. No.254 of 2008. The complainant resides at Sabarmati Society, Dharmnagar, Sabarmati, to be precise in tenement No.69. The accused in I -C.R. No.254 of 2008 are the members of the society and office bearers of the society. On the same issue as above referred to, later on Criminal Case was filed before the Metropolitan Magistrate Court, Ahmedabad.

(3.) BOTH these petitions are admitted by this Court and interim relief is granted in both the petitions.