MANOJBHAI FAKIRCHAND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) An FIR has been filed at Naroda Police Station, Ahmedabad being Crime Register No.I 683 of 2012 for the offences punishable under Sections 465, 468, 471, 406, 420 and 114 of the Indian Penal Code against the present applicants - original accused by the original complainant - respondent No.2.

(2.) The present application has been filed by the present applicants - accused for quashing of the FIR by exercising inherent jurisdiction under Section 482 of the Criminal Procedure Code.

(3.) As per the case of the present applicants and as per the arguments of Mr. R. K. Trivedi, learned advocate for the applicants there was partnership amongst the present applicants and the original complainant - respondent No.2. Afterwards the partnership was dissolved on 10.2.1992 and the property of the partnership remained with the present applicants. Thereafter the property was rented and rent was collected by the applicants. The applicants who are original accused wanted to sell the property and therefore published an advertisement in the newspaper in the year 2011. At that time, the original complainant had not taken any objection. Thereafter the property had been sold in July, 2011 by way of Registered Sale Deed.