DILIPSINGH PRAVINSINGH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED counsel, appearing on both sides, were heard in extenso and, by their joint request, the petition was taken up for final disposal, since the other elaborate proceedings for vacating the ad -interim relief, were withdrawn and terminated today.

(2.) THE petitioner has invoked provisions of Section 482 of Cr.P.C. with the prayer to quash the complaint registered as I -C.R.No. 175 of 2009 at Pradhuman Nagar Police Station, Rajkot, for the offences punishable under Sections 385 and 506(2) read with Section 114 of IPC. The complaint is addressed to the Police Commissioner of Rajkot and, in substance, alleges threat to the person and property of the complainant at the hands of the petitioner and several other persons, who are alleged to be anti -social elements. It is alleged in the complaint that the petitioner as well as other persons, alleged to be involved in serious dispute related to properties, have the record of harassing others and being tried for other criminal offences.

(3.) LEARNED counsel Mr. Baheti, appearing for the petitioner, vehemently argued that the F.I.R. itself revealed dispute of civil nature related to property, in respect of which civil suits were going on since fifteen years and the complaint was filed with the mala fide motive of pressurizing the petitioner into submission. He further submitted that the complainant is a very influential person and having friends in the police department, due to which, the petitioner was likely to be put to unnecessary harassment and may as well be arrested without even a prima facie case against him being revealed in the complaint.