Gujarat High Court Case Information System
Print
CR.MA/326/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 326 of 2010
=========================================================
MERUBHAI
MANDALBHAI BHARWAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DR BHATT for
Applicant(s) : 1 - 2.
MR KP RAVAL, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 15/01/2010
ORAL
ORDER
Petitioners
are original accused. They seek quashing of complaint at Annexure A.
Apparently there are land disputes between the petitioners and the
complaint with respect to land which belongs to the complainant and
the petitioners have filed civil suits. In the complaint, it is
inter alia alleged that on the date of the complaint, i.e.
18.10.09, the petitioners had come to the plot of the land of the
complainant and had unauthorizedly entered the land and ploughed the
field though they were requested not to do so by the employees of
the complainant. When the complainant tried to speak to the
petitioners on phone to inquire into why they were carrying out such
activities, the complainant was threatened, abused and was warned of
dire consequences. These,in the nutshell, are the allegations in the
complaint.
Learned
advocate for the petitioner submitted that the petitioners have
entered into an agreement to sell with the complainant regarding
same subject matter land and the complaint is filed for pressurizing
the petitioners and the allegations are totally false.
At
this pre-investigation stage, it is not possible for me to go
into the validity or otherwise of the allegations made in the
complaint. As already noted, the allegations are that the
petitioners unauthorizedly entered into the land of the complainant
and also abused and threatened the complainant on telephone. In these
circumstances, no case for quashing is made out. The petition is
therefore dismissed.
(Akil
Kureshi, J.)
(vjn)
Top