RAJU LAKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant-original accused no. 4 to quash and set aside the impugned FIR, being C.R. No. 198/2010 registered with Adipur Police Station, Kutch for the offence punishable under Sections 306, 114 and 406 of the Indian Penal Code.

(2.) RESPONDENT no. 2-original complainant has lodged the impugned FIR against the applicant-original accused nos. 4 and original accused nos. 1 to 3 (the applicants of Criminal Miscellaneous Application No. 639/2011, which is withdrawn today) for the offence under Sections 306, 114 and 406 of the Indian Penal Code alleging interalia that original accused nos. 1 to 3 agreed to sell the disputed property in question and in fact respondent no. 2-original complainant paid the total sale consideration and on that the other accused persons executed the agreement in favour of respondent no. 2-original complainant, which was notarized and respondent no. 2- original complainant was informed that out of the amount of sale consideration the accused persons shall clear the loan, which was taken on the said bungalow/property in question. It is further alleged that subsequently the accused persons have not repaid the loan amount though the amount was paid by respondent no. 2-original complainant and the Bank Officers are now pressurizing respondent no. 2-original complainant to repay the loan amount and, therefore, under the pressure even respondent no. 2-original complainant tried to commit suicide. During the course of the investigation the Investigating Officer has also submitted the report to the concerned Magistrate for the offence under Section 406 of the Indian Penal Code also. It is alleged in the FIR that at the time when the amount was paid to other three accused persons the applicant was also present at that time and, therefore, the applicant is also arraigned as an accused in the said FIR. Being aggrieved and dissatisfied with the impugned FIR, the applicant-original accused no. 4 has preferred the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure.

(3.) SHRI L.B. Dabhi, learned APP has requested to pass an appropriate order considering the facts and circumstances of the case.