Gujarat High Court
Patel Vinodbhai Manilal & 7 vs State Of Gujarat & on 7 May, 2015
Author: R.P.Dholaria
Bench: R.P.Dholaria
R/CR.MA/8223/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8223 of 2015
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PATEL VINODBHAI MANILAL & 7....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR ND NANAVATY, SR.ADVOCATE WITH MR MRUGEN K PUROHIT,
ADVOCATE for the Applicant(s) No. 1 - 8
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 07/05/2015
ORAL ORDER
Heard learned senior counsel Mr.N.D.Nanavaty appearing with Mr.Mrugen Purohit for the applicants and learned APP for the respondent - State. Perused the FIR as well as other papers made available in the application.
2. On perusal of the entire material available on record, it clearly transpires that the two complainants, who were formerly working as trustees of Uma Education and Charitable Society, Mehsana and had resigned from the said trust, have made complaint, alleging that, in order to show that the trust is having 5 acres of land of Revenue Survey No.95 of Village Moti Dau, the revenue record in the nature of Village Form No.7/12 and other revenue records, is alleged to Page 1 of 3 R/CR.MA/8223/2015 ORDER have been fabricated by preparing forged stamp by the present applicants No.1 to 8. Learned senior counsel Mr.Nanavaty has also further argued that due to dispute arose while working as trustees, the complainants have formerly filed a private criminal complaint before the learned Magistrate, wherein the learned Magistrate did not take any cognizance and it was kept for inquiry, and during the course of inquiry, it might have been realised that cognizance may not be taken and, therefore, it was withdrawn and, thereafter, the present criminal complaint has been filed with concocted facts and allegations, which are far from truth. The applicants are working as trustees of the aforesaid trust and have not taken any undue advantage by using alleged forged documents as genuine. On the contrary, the College has discontinued.
3. On the overall appreciation of the allegations made by the complainants, the only allegation is pertaining to forging Village Form No.7/12 of Revenue Survey No.95 of Village Moti Dau. Therefore, considering the nature of allegations, prima facie, it appears that due to inimical relation developed while working as trustees, the complaint appears to have been filed. The applicants are having position of trustees of aforesaid trust and for the benefit of the trust, it appears prima facie unbelievable to indulge into such fabricated document, which Page 2 of 3 R/CR.MA/8223/2015 ORDER is not in their personal interest.
4. In this view of the matter, notice, returnable on 10.6.2015. This Court is of the opinion that concerned police station shall take into custody the aforesaid forged document and shall not take any coercive action against the accused till the next date and the concerned police shall also be at liberty to carry out investigation in accordance with law.
5. Direct service is permitted.
(R.P.DHOLARIA,J.) binoy Page 3 of 3