Srivatsava Vs. State of UP1 and Ramdev Food Products Private Limited Vs.State of Gujarat2 no affidavit filed, no police complaint given if at all by registered post, if the SHO refused to receive, to the Superintendent of Police as required in proof of prior giving of a complaint to police and there is nothing even from complaint averments of any written complaint chosen to give to the police but for saying when approached the police to give complaint, they did not entertain. It is not even mentioned which police they approached and on what date and with what report. The crime proceedings thereby per se unsustainable and are liable to be quashed for continuation is nothing but vexatious. In fact, this Court granted interim order and vacate petition filed on behalf of the 2nd respondent in I.A.No.5 of 2018 in I.A.No.3 of 2018 with counter affidavit of the complainant which no way contain any new fact but for repetition of private complaint averments and even on perusal of the agreement enclosed even shows the balance consideration payable after showing passbooks by the Vendee to the Vendors. There is no meaning in keeping quite without even issuing notice to show passbook from the claim as ancestral property if at all true and the very entering into agreement of the so called claim of ancestral property without verification of revenue record itself doubts credibility of the version of the complainant.
