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CR.MA/3755/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3755 of 2010
=============================================
KANTILAL
JECHAND SHAH & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=============================================
Appearance
:
MR RS SANJANWALA for
Applicant(s) : 1 - 2.
MR SHIVANG SHUKLA ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/04/2010
ORAL
ORDER
Heard
Mr. R.S. Sanjanwala, learned advocate for the applicants and it is
submitted that the impugned F.I.R. is filed after a period of six
years pursuant to a letter written by Dy. Collector to the Mamlatdar,
Mahuva and reference is made to page 54 Annexure ‘C’ of village from
No.7 / 12 and also page 56 Annexure ‘D’ village form No.6.
In
view of the above, filing of the impugned F.I.R. is nothing but an
abuse of process of law.
Considering
the above, prima facie, if dispute with regard to tenancy etc exists,
action in accordance with law can be initiated, but filing of
criminal case with regard to subject land amounts to an abuse of
process of law. Hence, issue notice returnable on 7th
May, 2010.
Ad-interim
relief in terms of para 19(b).
Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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