SURESHBHAI PARSHOTTAMBHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) for quashing and setting aside the FIR being C.R.No.I-71/2012 registered with Katargam Police Station, Surat by the respondent No.2 - original complainant.

(2.) Heard learned Senior Counsel Mr. S. I. Nanavati assisted by learned advocate Mr. Saurabh Mehta for the applicant and learned APP Mr. Devnani for respondent No.1. From the record, it appears that learned advocate for respondent No.2 has not remained present on earlier occasions. Today also when the matter was called out twice, learned advocate for the respondent No.2 has not remained present and therefore the application is heard on its own merits in absence of the learned advocate of the respondent No.2.

(3.) It is submitted by the learned counsel that the FIR in question is filed for the offence punishable under Sections 387, 506(2) and 114 of the Indian Penal Code. The FIR is filed on 09.03.2012 for the alleged incident which has occurred on 20.02.2012. Learned counsel has referred to the allegations made in the impugned FIR and contended that the impugned FIR is filed as a counter blast to various applications given by the applicant as well as his wife. It is submitted that one Govanbhai alias Govindbhai Ukabhai Patel has submitted a representation to the Commissioner, Surat Municipal Corporation as well as the Town Planning Officer, alleging that illegal construction is being carried out on agricultural land bearing Survey No.83/2 of Mouje Katargam. In the said land, one Pooja Park Society is constructed by builder Ravjibhai Shambhubhai Radadiya, who is also the organizer of the said society. The Collector, Surat, also received similar type of applications with regard to illegal construction carried out by builder Ravjibhai Shambhubhai Radadiya and therefore he, by communication dated 02.11.2011, informed to the concerned applicants that their applications have been forwarded to Tenancy Department, Mamlatdar, Police Commissioner, Surat City and Commissioner, Surat Municipal Corporation for further action. Learned counsel thereafter referred to the application dated 19.12.2011 given by the applicant to the Executive Engineer, Katargam Zone, Surat, wherein he has informed about the illegal construction in Pooja Park Society on land bearing Survey No.83/2, Mouje Katargam, Surat. It was requested that the said illegal construction be removed.