KANUBHAI BECHARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioners have prayed to quash and set aside the criminal complaint being I-C. R. No. 561 of 2007 registered with Makarpura Police Station against the petitioners by respondent no. 2 herein.

(2.) THE facts in brief are that on 10. 06. 1993 an irrevocable Power-of-Attorney was executed in favour of petitioner no. 6 herein by respondent no. 2 and others in respect of the lands situated at revenue Survey No. 374 and 384 of Village Vadsar, District Vadodara. Somewhere in September 2000, sale deeds in respect of the lands in question were executed in favour of petitioners no. 1 to 5 herein and since then the possession thereof is with petitioners no. 1 to 5. It is the case of the petitioners that the fact regarding sale of the lands in question to petitioners no. 1 to 5 herein was well within the knowledge of respondent no. 2.

(3.) HEARD learned counsel for the petitioners. Though served none appears on behalf of respondent no. 2. On plain reading of the impugned complaint, it appears that the offence alleged took place on 14. 12. 2000 and the complaint regarding the alleged offence has been filed on 28. 11. 2007, i. e. after a period of almost seven years. No explanation has been given either in the complaint or before this Court as regards the said delay caused in filing the complaint.