BHAVSINH LALAJI CHUAHAN ( THAKOR ) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the above applications are filed under Section 482 of the Code of Criminal Procedure, 1973.

(2.) The applicants of Criminal Miscellaneous Application No.7725 of 2014 are accused Nos.2 and 3 respectively in the First Information Report whereas applicant of the other application is a purchaser of the property, arraigned as accused.

(3.) Adverting at the outset to the contents and the allegations in the F.I.R. which is sought to be quashed, it was stated by the first informant that he was engaged in the business of garments in the name of Nirali Emporium. Two brothers-the complainant and his elder brother, were in the business. The father passed away before seven years and elder brother Dineshbhai died before two years. It was alleged that one Navinbhai Manibhai Patel who owned land survey Nos.144, 145, 146, 147 as well as survey No.109 situated at Village Odhav. They purchased the same from applicant No.1 herein and his family members. They floated a scheme in the name of Giriraj Industrial Estate by plotting out the land. The first informant stated that he, his father and his other family members had booked 10 plots admeasuring 200 Sq. Ft. The F.I.R. stated different number of plots and the name of person in whose name the respective plot was booked. A writing dated 08th November, 1996 in respect of such transaction was executed and said Navinbhai had collected Rs.50,000/- per plot and further Rs.30,000/- towards charges of writing. As per the allegations, Navinbhai assured that sale deed would be executed later.