1. Present petition has been filed by the petitioner under Articles 14, 19, 21 and 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR being I-CR.No.131/2007 registered with Vyara Police Station, Dist- Tapi, on the grounds stated in the petition.
2. Heard learned advocate Mr.Rajesh Shah for the petitioner, learned APP, Mr.H.L. Jani for the respondent No.1-State of Gujarat and learned Advocate Mr.Balram Jain for respondent No.3-original complainant.
3. Having perused the papers and considering the contentions as well as order passed by the learned Principal Civil Judge, Vyara in Regular Civil Suit No.107 of 2007 on 24.10.2007, referred to the various documents, some of which are produced on record, the matter requires consideration. It may be noted that the certificate of Vyara Nagarpalika placed on record, which has been referred and there is also reference to the documents with regard to the electric connection and the Chief Officer of Vyara Nagarpalika having stated that the shop in question may be transferred in the name of the applicant. Therefore, having regard to the aforesaid aspect and also the documents, the matter requires consideration. It is also required to be noted that appeal has been preferred against the order below Exh.5 in the Civil Suit No.18/2005 and even Appellate Court has also ordered to maintain status-quo. Therefore, following order is passed:
RULE returnable on 4th week of September, 2012.
Ad-interim relief in terms of Para 11(C) till final hearing of this petition. Direct Service is permitted.
(RAJESH H. SHUKLA, J.) mehul Top