LAWS(GJH)-2019-4-120

RITABEN DOLARRAI RAVAL W/O PARINDRA KANAIYALAL BHAGAT & 1 OTHER (S) Vs. STATE OF GUJARAT & 1 OTHER (S)

Decided On April 29, 2019
RITABEN DOLARRAI RAVAL W/O PARINDRA KANAIYALAL BHAGAT And 1 OTHER (S) Appellant
V/S
State Of Gujarat And 1 Other (S) Respondents

JUDGEMENT

(1.) By filing this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants-original accused nos.28 and 29 have prayed to quash and set aside the FIR being C.R.No.I-101 of 2016 registered with Bavla Police Station, District-Ahmedabad, for the offences under Sections 406, 420 and 120-B of the Indian Penal Code.

(2.) It is the case of the applicants that they are arraigned as accused nos.28 and 29 in the impugned complaint filed by respondent no.2 on 28.7.2016 that they are third purchaser of the land in question for which necessary stamp duty is paid and necessary entries were posted and certified by the revenue authorities. It is contended that no civil suit is filed challenging the sale deed of the applicants. It is also contended that names of the applicants have been posted in the revenue records after following due procedure under Section 135D of the Bombay Land Revenue Code and no RTS proceedings are pending and those entries are not challenged by anyone.

(3.) Heard Mr.Shalin Mehta, learned Senior Advocate appearing with Mr.Rohan Lavkumar for the applicants, Ms.Monali Bhatt, learned APP for the State and Mr.Amrish V. Jani, learned advocate for respondent no.2 at length. Perused the materials placed on record and also the decisions cited at bar.