JHON OLIVER JOSHEF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Section 482 of the Criminal Procedure Code, the petitioners original accused have prayed for an appropriate order to quash and set aside the FIR being C.R.No. I 208/2007 registered with Kagadapith Police Station.

(2.) A criminal complaint being FIR C.R.No.208/2007 has been filed by respondent No.3 herein original complainant Principal of Behrampura School No.9, run by Ahmedabad Nagrik Pratmik Shishan Samiti (Ahmedabad Municipal Corporation) against the petitioners for the offence punishable under Sections 447, 448 and 114 of the Indian Penal Code with the Kagadapith Police Station alleging inter-alia that all the petitioners- original accused have illegally trespassed property in question with a view to show their possession before filing of the Suit and appointment of Court Commissioner and Panchnama and; that they were trying to put their house-hold, furniture etc. and taking photographers to show possession. Being aggrieved and dissatisfied with the said complaint, the applicants original accused have preferred the present application under Section 482 of the Cr.P.C.

(3.) Mr.H.R.Prajapati, learned Advocate appearing on behalf of the applicants original accused has submitted that as such the applicants- original accused are owners of the property in question which was leased to the Municipal School Board in the year 1954 for a period of one year only and; thereafter lease period has not been extended and they were infact in possession of the property in question and therefore, it cannot be said that the petitioners have committed any offences as alleged in the complaint. Under the circumstances, it is requested to quash the impugned complaint / FIR by submitting that no case is made out against the petitioners under Sections 447, 448 and 114 of the Indian Penal Code and to continue the criminal proceedings against the petitioners would be abuse of process of Court. He has relied upon the Court Commissioner's report in Regular Civil Suit No. 4445/2000 pending the Court of learned City Civil Judge, Ahmedabad in support of his submission that they were in possession of the property in question. Therefore, it is requested to quash and set aside the impugned complaint/ FIR.