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Gujarat HC reserves order on maintainability of petition moved by former ASG

The FIR registered on May 15 at the Pethapur police station in Gandhinagar, was filed on the basis of a complaint by an Ahmedabad-based businessman Viral Mukundbhai Shah (46), naming six accused, including former ASG Syed.

By: Express News Service | Ahmedabad |
Updated: May 28, 2022 3:44:33 am
Gujarat HC reserves order on maintainability of petition moved by former ASG Requesting interim protection by ordering for no coercive steps against Syed, senior counsel Naik submitted that Syed will join the investigation, if granted protection. (File)

The Gujarat High Court (HC) on Friday reserved its orders on the maintainability of the petition moved by former Assistant Solicitor General (ASG) of India at the Gujarat HC IH Syed, against an FIR registered against him in Gandhinagar.

Syed, a designated senior advocate, is seeking to quash an FIR charging him along with five others, for causing hurt, extortion, wrongful confinement and criminal intimidation, among other charges.

The FIR registered on May 15 at the Pethapur police station in Gandhinagar, was filed on the basis of a complaint by an Ahmedabad-based businessman Viral Mukundbhai Shah (46), naming six accused, including Syed.

In his complaint Shah has alleged that he was called to the former Gujarat chief minister Shankersinh Vaghela’s house at Gandhinagar by his personal assistant Bhaumik Thakkar for signing an agreement on a business dispute. When he refused to sign the agreement he was allegedly threatened of harm to him and family members, Shah said.

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“They pressured me and despite that when I did not sign, they threatened they’ll fix me in a rape case. I got scared and got up when all of them started assaulting me,” the FIR states. Apart from Syed, other accused include Thakkar and those involved in the business dispute with Shah — Jankar Solanki, Ravi Chaudhri, Kuren Amin and Ikshit Amin.

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Police said Shah was involved in a business-related dispute with Solanki, Kuren, and Ikshit.

An FIR was lodged against Shah and 25 others by V Kuren in December 2021 at Ahmedabad CID Crime branch police station, on charges of cheating, forgery and misappropriation of funds by the accused. Shah was arrested in connection with this FIR in March this year and remained in judicial custody for 27 days.

Shah purportedly entered into a settlement with Kurien, following which he was released on bail by consent. As part of the settlement, it was agreed that Viral and other accused in Kuren’s FIR, would pay a sum of Rs 20 crores to Kuren’s company, which was being represented by senior advocate Syed. Thereafter, the FIR was quashed by the Gujarat HC on May 2.

Senior advocates BB Naik and Asim Pandya — arguing on behalf of Syed — submitted before the court of Justice Samir Dave on Friday that there are inconsistencies in the FIR and that it is “well thought out” by the complainant in a bid to “wriggle out of his liability to pay, in the earlier settlement.” Requesting interim protection by ordering for no coercive steps against Syed, senior counsel Naik submitted that Syed will join the investigation, if granted protection.

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