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Sheetalben vs State

High Court Of Gujarat|02 May, 2012

JUDGMENT / ORDER

This petition under Article 226 of the Constitution of India is filed by the petitioner seeking direction by way of mandamus against the respondent - authorities to register FIR pursuant to written complaint given by the petitioner.
2. It is the case of the petitioner that the petitioner at the age of 30 years purchases one residential plot admeasuring around 4800 square meters in Devaranya Shops and Duplex, S. No.677/B, Danteshwar, Vadodara. According to the petitioner, construction was carried out up to the plinth level and thereafter the petitioner came to know that one Chirag Shah played some mischief on the land and on inquiry it was found that a sale deed dated 24.12.2009 was executed by Rajan Dilipbhai Shah in favour of Chirag Dilipbhai Shah.
3. The allegations levelled in the complaint according to this Court are in the realm of civil dispute and the story narrated by the petitioner is unbelievable and in such civil transactions, the petitioner has remedies available under the law and there is no necessity to move the criminal machinery into motion. No case is made out to exercise writ jurisdiction under Article 226 of the Constitution of India in favour of the petitioner.
In absence of merit, this petition stands dismissed.
Notice is discharged.
In view of the order passed in Special Criminal Application No.258 of 2011, no order on Criminal Misc. Application No. 5699 of 2011 and accordingly it stands disposed of.
[Anant S. Dave, J.] *pvv Top
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Title

Sheetalben vs State

Court

High Court Of Gujarat

JudgmentDate
02 May, 2012