Sanjaybhai Rameshbhai Patel ... vs State Of Gujarat

1. This is a petition, seeking following reliefs:

"9. ...

a. Allow this application.

b. Issue appropriate writ, order or direction upon the concerned respondent authorities to comply with the order dated 08.02.2018 and register the offence, in the peculiar facts and circumstances of the case.

c. ..."

2. This Court has heard the learned Advocate, Mr. Khambholja, for the petitioner, learned Advocate, Mr. Surti, for respondent No.4 and learned APP for respondent Nos. 1 to 3. Though served, respondent No.5 has chosen not to appear before this Court.

3. The dispute concerns the land bearing Block Nos. 22, 52 and 91 of Village: Dhamdod-Lambha, Taluka:

petitioners. It is the grievance on the part of the petitioner that in relation to the said land, power-of- attorney had been given to respondent Nos. 4 and 5, herein, and taking advantage of the same, they have diverted the funds of Rs.8/- crore.

4. According to the learned APP, police has inquired into the matter and has found that this essentially is a civil dispute, as many of the transactions have been made through bank.

5. Noticing the resistance on the part of the police on the ground that this is a dispute of civil nature, this Court has, on preliminary examination, found that the allegations are with regard to the diversion of funds of Rs.8/- crore without the permission of the original owners, this is where the criminality is pleaded by the petitioners.

6. Under the circumstances, let the petitioner decide, whether to file a complaint under Section 200 of the Code before the Court concerned or not. Once, such an application is made, the Court concerned shall decide the same, without being influenced by the report of the police, in accordance with law, on finding the criminality alleged by the petitioner and shall issue process. None of the observations and findings recorded in this order shall prejudice the rights of the either side and the inquiry of the Court concerned shall be completed independently. DISPOSED OFF, accordingly.

(SONIA GOKANI, J) UMESH/-