LAWS(GJH)-2019-5-49

PUNABHAI RAVJIBHAI JODHANI Vs. STATE OF GUJARAT

Decided On May 07, 2019
Punabhai Ravjibhai Jodhani Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Since, all these matters arise from the same FIR, they are heard together and disposed off by this common judgment and order.

(2.) These petitions are filed, seeking quashment of the FIR being I-C.R. No. 59/2017, registered with Sarthana Police Station, Surat, for the offence punishable under Sections 406, 409, 420, 465, 468, 34, 114 and 120(B) of the Indian Penal Code, 1860, which, on filing of the charge-sheet, culminated into Criminal Case No. 24532/2017, which is pending before the Court of the learned 11th Addl. Judicial Magistrate (F.C.), Surat in the following factual background:

(3.) Affidavit-In-Reply has been filed by respondent No.2-the original complainant, wherein, he has urged that these petitions deserve to be dismissed, since, the petitioners have not approached this Court with clean hands. According to him, the petitioner Punabhai, as a POA holder and also in his individual capacity sold the plots to him, despite the fact that the concerned authority had not sanctioned the same. Plot Nos. A-5 and A-6 were put up for sale, despite the fact that the authority had not sanctioned the same.