Patel Govindbhai Jotitram vs State Of Gujarat on 22 March, 2018

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Gujarat High Court

Patel Govindbhai Jotitram vs State Of Gujarat on 22 March, 2018

Bench: J.B.Pardiwala

       R/CR.MA/3268/2012                               ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 3268 of 2012

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                      PATEL GOVINDBHAI JOTITRAM
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR AM PAREKH(562) for the PETITIONER(s) No. 1
MR SHITAL R PATEL(2166) for the RESPONDENT(s) No. 2
NOTICE SERVED(4) for the RESPONDENT(s) No. 3
MS MOXA THAKKAR, APP (2) for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

                           Date : 22/03/2018

                            ORAL ORDER

By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant - original accused seeks to invoke the inherent powers of this Court, praying for quashing of the First Information Report being I-CR No.24 of 2012 registered with the Bopal Police Station, Ahmedabad, for the offences punishable under Sections 465, 468 read with Section 114 of the Indian Penal Code.

The First Information Report is extracted hereunder :

"Date: 14-2-2012 My name is Jaydipbhai Gautambhai Dalwadi, Age approx. 28 Years, Occupation: Study, Residence: B-225, Siddhi-2 Bungalows, Bopal, Ahmedabad Mobile no.7600700800.

Page 1 of 3

R/CR.MA/3268/2012 ORDER I declare in open and state the facts of my complaint that, I reside at above mentioned address with my family and had completed Bachelor of Computer Course.

I hold land in the village Bopal bearing Survey No. 317/2, Block No.435 admeasuring 3 Acres 27 Gunthas was purchased vide Sale deed No.15976/1980 dtd. 16/12/1980, for the consideration price of Rs.19183/50 paisa from the Owner Joitaram Nathalal Patel, Resi. Bopal, Ta. Daskroi and on basis of that Sale deed, name of my Father Shri Gautambhai Mohanbhai Dalwadi was entered in Record of Rights Village Form no.6 vide Entry no.2773 dtd. 20-4-1982 in Village Form no.7/12 and since then possession of said land is with us. This land was converted to "N.A." in the year 1986. And at present is not used. (Wasteland).

The farmer of this land Joitaram Nathalal Patel expired on Dt. 3/12/1988 and his heirs Accused no. (1) Govindbhai Joitaram Patel (2) Kantibhai Joitaram Patel (3) Kanubhai Joitaram Patel (4) Jayantibhai Joitaram Patel (5) Vasubhai Joitaram Patel, Resi. Bopal, Ta. Daskroi has executed Agreement to sale (Without Possession) in favour of Accused Mahendrabhai Somnathbhai Patel, Resi. Gitapark Society, Amraivadi, Ahmedabad vide Registration No.2433 dtd. 14.3.06.

So, the Accused of this case (1) Govindbhai Joitaram Patel (2) Kantibhai Joitaram Patel (3) Kanubhai Joitaram Patel (4) Jayantibhai Joitaram Patel (5) Vasubhai Joitaram Patel has Page 2 of 3 R/CR.MA/3268/2012 ORDER committed crime by transposing themselves as owners in the Village Form no.7/12 though they are not the owners of the said land and has executed Agreement to Sale (Without Possession) in favour of Accused Mahendrabhai Somnathbhai Patel, in collaboration with each other and this document being forged and false, it is complaint to take appropriate steps against them in accordance with law.

The above complaint is true and correct to the best of my knowledge."

Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that the police should be permitted to carry out the investigation and complete the same in accordance with law.

The picture, as on date, is quite hazy. It is difficult for this Court to reach to any particular conclusion. Although there are civil litigations between the parties, yet that by itself is not sufficient to quash the FIR at this stage.

This application, accordingly, fails and is hereby rejected. Notice discharged. Ad-interim protection earlier granted stands vacated.

At the end of the investigation if the investigating agency wants to file charge-sheet, it shall be open for the investigating officer to do so in accordance with law.

(J.B.PARDIWALA, J.) /MOINUDDIN Page 3 of 3

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