JAGDISHBHAI DHARAMSI THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Criminal Application under Arts. 226 & 227 of the Constitution of India has been filed, seeking direction to quash the order passed by the Sub-Divisional Magistrate, Ahmedabad dated 22-10-1996 in Chapter Case No. 16 of 1996 and the order of the learned City Sessions Judge, Court No.4 in Revision Application No. 272 of 1996 confirming the order of the S.D.M. -Ahmedabad.

(2.) From the facts set out in the impugned order dated 22-10-1996 passed by the Sub-Divisional Magistrate, Ahmedabad, it appears that the respondent Nos. 4 to 7, viz., Rameshchandra Laxmandas Panchal, Ishwarlal Madhavlal Prajapati, Manoharsingh Bhawarsingh Shekhawat and Rameshabhai Shyamlal Sharma instituted Chapter Case No. 16 of 1996. According to them, they had purchased the property bearing survey No. 342/A situated at Saijpur Bogha by registered sale deed from Jagdishchandra Manprasad Master and they were holding and managing the said property. The said property was of the ownership of Manprasad Gordhandas Master, who expired on 24-12-1989 and thereafter, the said property stands in the name of Jagdishchandra Manprasad and deceased's wife Saraswatiben etc., as the living legal heirs of the deceased. The further say of the original applicants is that the opponents, i.e., Jagdishchandra Dharamsinh Thakor (petitioner in the present Special Criminal Application), Mukesh Jagdishbhai Bhadoria, Pappu @ Ghanshyamsinh Amrutsinh Bhadoria, Badarkhan Abdulkhan Pathan and the watchman Bhagwansinh committed trespass on the said land on 14-6-1996 in their absence and hence, the applicants lodged a complaint against the said Bhagwansinh for offence under Sec. 323, 506, 114 I.P.C. An apprehension was expressed that, if the applicants go to occupy the said land, then the opponents may disturb the breach of peace.

(3.) The learned Magistrate, after setting out the said facts in the impugned order, further said the English Translation which is reproduced as follows :