LALAJI FAGNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the order dated 4.6.2018 passed by this court, the respondent No.2 Police Sub-Inspector, Khedbrahma Police Station, Sabarkantha has filed an affidavit in reply. The same is taken on record.

(2.) Mr. E.E. Saiyed, learned advocate for the petitioner has submitted that the seven persons mentioned in the petition had been wrongfully confined by the respondents for a period of ten days and it is only after rule was issued by this court on 23.5.2018, that they have been released.

(3.) Mr. L.B. Dabhi, learned Additional Public Prosecutor, invited attention of the court to the averments made in the affidavit in reply filed on behalf of the respondent No.2. It was submitted that the respondent No.2 had received an application from Ajur Power Thirty Three Private Limited on 15.5.2018 stating that they have lawfully purchased land situated in village Manjipura from the original owner by way of sale deed and some people were coming from outside and illegally entering the land and wrongly interfering with the work and were falsely alleging that the land was of their ownership and were wrongly harassing them and were not letting them to do their work on this land and were illegally showing them bows and arrows and threatening to kill them and were damaging the property of the company and were harassing the employees and security personnel of the company and were saying that the land belongs to them and were threatening them not to enter the land. It was submitted that pursuant to the said application, with a view to avoid breach of peace, proceedings under sections 107 and 151 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') came to be initiated against seven persons, namely: