KHETSHI KUSHALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri R.C.Kodekar, learned APP waives service of rule on behalf of the respondent No.1 State and Shri C.L.Soni, learned advocate waives service of rule on behalf of the respondent No.2 original complainant. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(2.) By way of this application under Section 482 of the Cr.P.C., the petitioners original accused Nos.5 and 6 have prayed to quash and set aside the complaint being CR No. I 42/2007 registered with Patdi Police Station.

(3.) At the outset, Shri Dhaval Vyas, learned advocate appearing for the petitioners has submitted that the petitioners were originally earlier interested in purchasing the property in question, however, in view of the family dispute, the petitioners are not interested in purchasing the property in question. He has also further submitted that as such, there is no power of attorney in favour of the petitioners as alleged in the complaint and he has further stated under the instructions from the petitioner No.1 that if, ultimately, it is found that any such power of attorney is there, the same shall not be utilized and / or used by him. He has further submitted that so far as the impugned complaint is concerned, on bare reading of the complaint and the averments, no cause is made out against the petitioners. It is submitted that the only allegation against the petitioners was that the petitioner No.1 wanted to purchase the property in question and that he is having the power of attorney of Vasudevbhai Shankarbhai Dave. Shri C.L.Soni, learned advocate appearing for the respondent No.2 is not in position to satisfy this Court with regard to any case made out against the petitioners for the offence punishable under Sections 406, 409, 420, 465, 467, 471 and 114 of the I.P.C.