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Judgment
B.N. Karia, J
Rule returnable on 15/07/2021 . Learned APP waives service of notice of rule for and on behalf of the respondent â€" State of Gujarat.
Heard learned advocate appearing for the applicant. It is submitted that the alleged offence is of a civil nature and the complainant has preferred a
Regular Civil Suit against his brother namely Jayantibhai Gopalbhai Limbachia and accused no.1 â€" Shekharbhai Shivdasbhai Mahatma for the said
act before the Civil Court alongwith Exhibit -5 Application. That the application for interim injunction preffered by the complainant was rejected by the
learned Civil Court. That order was challenged before the District Court, Navsari by filing Misc. Civil Application No.31 of 2019 and it is pending for
hearing. The another Regular Civil Suit No.28 of 2019 was preferred by the complainant against his brother Jayantilal Gopalbhai Limbachia for
seeking stay on the transfer of the land, which is also pending. The sale-deed was executed on 26/12/2018 and the mutation entry was made on
01.01.2019. The Collector has rejected the objection application and confirmed the order of Deputy Collector dated 16.04.2021.
That the applicant is not even remotely connected with the alleged transaction of land. With a view to pressurize and with ulterior motive, he joined the
present applicant in the FIR.
Considering the facts and arguments canvassed by the learned advocate for the applicant, the applicant shall not be arrested by the Investigating
Officer till the next date of hearing. The applicant shall cooperate the Investigating Officer.