Mr.
N.D.Nanavaty, learned Senior Advocate, submits that the petitioners are original accused Nos.10 and 11 and were at the relevant point of time confirming parties to the transaction of 1995.
2. It is further submitted that the complainant has become agriculturist by `will' and admittedly he is not an agriculturist, who is entitled to enter into transaction for purchase of agricultural land. Further, the complainant has filed civil suit to which the petitioners are not parties and possession qua the land of the suit is protected by civil court restraining the defendants of the civil suit from transferring, alienating the subject land. By not disclosing certain proceedings of civil nature to which the petitioners are not parties are subjected to criminal litigation.
3. Considering the above, issue notice returnable on 30th March, 2012.
4. In the meanwhile, by way of ad-interim relief, proceedings of impugned FIR shall remain stayed qua the petitioners only.
Mr.
J.K.Shah, learned APP waives service of notice for respondent - State of Gujarat.
Direct service is permitted to private respondent.
[Anant S. Dave, J.] *pvv Top