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CR.MA/8518/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8518 of 2008
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KALIDAS
@ RIKESHBHAI PARSHOTTAMDAS PATEL & 0RS
Versus
STATE
OF GUJARAT
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Appearance
:
MR PM THAKKAR, Sr.ADVOCATE WITH
MR. TATTVAM K PATEL for Applicants:1-11
Mr.M.A.Patel, ADDL.PUBLIC
PROSECUTOR for
Respondent:1
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 01/07/2008
ORAL ORDER
Leave
to join Hareshkumar @ Bholabhai Keshavbhai Patel- original
complainant as respondent No.2 herein.
Heard
Mr.P.M.Thakkar, learned Senior Advocate with Mr.T.K.Patel, learned
Advocate for the applicants.
The
learned Senior Advocate has submitted that there were civil disputes
between the applicants and the respondent No.2-original complainant
which had culminated into a judgment and decree dated 14th
September, 2007 whereby the Trial Court has dismissed the suit filed
by the complainant against the present applicants. It is submitted
that the applicants had made an application before the District
Inspector of Land Records, Ahmedabad, (‘DILR’), to divide the lands
jointly held by the applicants by metes and bounds. That while
working out the shares of the applicants, the DILR had put a pencil
marking regarding the share of each family of the applicants against
the name of the member of the said family in the 7/12 record. It is
submitted that the main allegation in the complaint is to the effect
that the aforesaid pencil marking showing the area of land coming to
the share of each family, would amount to tampering and fabrication
of the 7/12 record. Drawing the attention of the Court to the
contents of the complaint in question, it is pointed out that no
offence as alleged can be stated to have been made out.
Considering
the nature of the allegations made against the petitioners,
prima-facie, the ingredients
of the provisions of sections 466, 467, 468 and 471 of the Indian
Penal Code, 1860, do not appear to have been satisfied.
In
the aforesaid circumstances, issue NOTICE returnable
on 6th August, 2008. By way of ad-interim relief, further
proceedings pursuant to Criminal Case No.165 of 2008 filed before
the Court of the learned Judicial Magistrate First Class, Ahmedabad
(Rural), are hereby stayed.
Mr.M.A.Patel,
learned Additional Public Prosecutor waives service of Notice on
behalf of respondent No.1-State of Gujarat.
(HARSHA
DEVANI, J.)
Amit/-
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