Pratapbhai Maldebhai Jadeja ­ vs State Of Gujarat & 1 ­

PRATAPBHAI MALDEBHAI JADEJA ­ Applicant(s) Versus STATE OF GUJARAT & 1 ­ Respondent(s) ========================================= Appearance :

MR HRIDAY BUCH for Applicant Mr. J.K. Shah, APP, for respondent: 1, None for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 14/02/2012 ORAL ORDER Heard the learned advocate for the applicant and learned APP. Mr. Hirday Buch, learned advocate for the applicant submits that, vis­a­vis the allegations levelled in the FIR pertaining to registered power of attorney and agreement to sale, an opinion is obtained of the retired hand­writing examiner of the FSL, Gujarat State, and, at the stage of registration of the FIR, the said opinion is believed, prima­facie, to be a gospel truth by the registering personnel of the police station. The applicant has also filed a suit for specific performance and, in the above back­drop, it is submitted that registration of the FIR is nothing, but a counter­blast to the proceeding undertaken by the applicant in the Civil Court and the impugned complaint deserves to be quashed and set aside.

Considering the above aspect, prima­facie, at this stage, a case is made out to issue notice and to grant an ad­interim relief.

Issue notice returnable on 6.3.2012. Ad­interim relief in terms of paragraph 7(D) qua the applicant only. Learned APP waives service on behalf of the State. Direct service qua respondent No.2 is permitted.

(ANANT S. DAVE, J.) (swamy) HC-NIC Page 1 of 1 Created On Wed Jun 08 00:29:15 IST 2016