1. The petitioner is challenging his alleged involvement in the first information report being IC.R.No.86 of 2016 registered with Rajkot 'A' Division Police Station for the offences punishable under sections 406, 420 and 114 of the Indian Penal Code, 1860. According to him, he has no interest at all in Dharmaraj building. The land of the said building was owned by the father of the applicant. The applicant's sons and the sons of his brother have interest therein.
According to him, 80% of the consideration has already been paid to the builders namely Rashmin Kacha, Chetan Kacha and Chhagan Kacha. As registered sale deed has not been effected in favour of many persons from whom the possession has been taken, the first information report is lodged.
2. The first information report is filed on April 02, 2016. To show that the applicant has no interest in the property, Shri U.A. Trivedi, learned counsel appearing for the applicant, ensures this Court to bring on record a copy of the will of his father and the probate that has been obtained from the concerned Court. According to him, if at all the registered sale deed has not been effected in favour of the first informant, it becomes a civil dispute.
3. Let a notice be issued upon the respondents, returnable on May 05, 2016. In the meantime, the Investigating Officer shall follow the dictum of the Apex Court rendered in the case of Joginder Kumar v. State of Uttar Pradesh and others, Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed May 04 04:31:04 IST 2016 R/CR.MA/9790/2016 ORDER reported in (1994) 4 SCC 260, without fail. The formal service of notice is waived by Ms.Shruti Pathak, learned Additional Public Prosecutor on behalf of the respondent No.2 State.
Direct Service is permitted qua the respondent No.1. To be served through the concerned Police Station.
(MS SONIA GOKANI, J.) Aakar Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed May 04 04:31:04 IST 2016