R/SCR.A/5733/2025 ORDER DATED: 05/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5733 of 2025 ========================================================== DIPAKKUMAR MANGUBHAI AHIR & ANR. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2 MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 05/05/2025 ORAL ORDER Learned advocate Mr. Rachh appearing for the applicant submits that the controversy involved in the present case relates to the transaction took place in the year 2016 when the applicants herein borrowed money from one Anup Desai and Yogesh Gandhi for some business purposes, pursuant to which, certain cheques as well as agreement to sell of the properties running in the name of applicant No.2 and their friend, namely, Akshay Patel was taken by the said Anup Desai and Yogesh Gandhi. He further submits that the applicants are regularly paying the amount of interest along with the principal amount. However, surprisingly, on 12.05.2024, the applicants No.1 was called by the Police Inspector, Navsari Police Station and informed him that one Sarjukumar Patel has filed complaint against him and his friend Akshay Patel alleging that they are not executing the sale deed. The said complaint came to be disposed of by the police having not found any substance after R/SCR.A/5733/2025 ORDER DATED: 05/05/2025 recording the statement of the applicant. Learned advocate Mr. Rachh submits that pursuant to the complaints filed by Anup Desai and Sarju Patel, the applicant was served with the impugned notices/samaj yadi whereby the applicants are informed to remain present at the office of respondent No.3. It is pertinent to note that the applicants are only known to Anup Desai and Yogesh Gandhi and they have never met with Sarju Patel. The role of Sarju Patel is that from his Bank Account, the money was transferred as the Anup Desai and Yogesh Gandhi did not have license to lend money. Learned advocate Mr. Rachh submits that even the agreement to sell was of 2016, and after lapse of such a long period of time, now they are initiating criminal proceedings against the applicants, thereby trying to give a criminal colour to entirely a civil dispute, if any. Learned advocate Mr. Rachh also submits that even no proceedings for specific performance of agreement to sell has been initiated in the interregnum, and as such, the applicants have a genuine apprehension that impugned action is taken with oblique and ulterior motive and their legal fundamental rights would be vitiated Be that as it may, the applicants are ready and willing to cooperate with the investigation, however, the applicants have an apprehension that they will be arrested if they will appear before the Investigating Officer, and therefore, let the inquiry may go on, and if at the end of inquiry, the concerned investigation officer is of the view that the same discloses commission of a cognizable offence, and the complaint is required to be registered, in that event, the applicant may be intimated in writing at least 10 days prior to the registration of the complaint, and there shall be no coercive steps against the applicant for a period of 10 days R/SCR.A/5733/2025 ORDER DATED: 05/05/2025 from the date of such intimation. Learned advocate Mr. Rachh has made a statement that the applicants shall remain present before the concerned authority on 12.05.2025. Considering the above, let the inquiry may go on, and in case of any cognizanble offence being found out during the inquiry, the applicants shall be initiated about the same 10 days prior to the registration of any offence, and there shall be no coercive steps against the applicants during that period of 10 days. With the above, the present application stands disposed of. Direct service is permitted. (DIVYESH A. JOSHI,J) VAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2025 17:55:29