JITUL JENTILAL KOTECHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This batch of appeals arises from a judgment and order dated 8 January 2019 of a Single Judge of the High Court of Gujarat. The High Court quashed an FIR (FIR No I-124 of 2016) which was registered against the private respondents under Section 482 of the Code of Criminal Procedure 1973 ("CrPC"), except for the allegations against the fourth and fifth respondents under Section 385 of the Indian Penal Code 1860 ("IPC"), in respect of which the investigation has been permitted to continue.

(2.) On 13 April 2016, an FIR (FIR No I-124 of 2016) was registered against the private respondents under Sections 465, 467, 468 and 120B of the IPC by the Gandhigram Police Station, Rajkot on a complaint made by the appellant. The contents of the FIR are elucidated below.

(3.) A property located in Village Veja at Rajkot is alleged to have been allotted to Shamjibhai Jesabhai Koli by the government on account of his service in the Army. The appellant has alleged that he and his brother purchased the property for a consideration of Rs 7,75,000 and an agreement to sell was executed in their favour by Shamjibhai before a notary. An irrevocable power of attorney was allegedly executed in favour of the appellant and his brother for clearing the title to the land and for obtaining the sanction of the government. The appellant alleged that in 1999, he paid an amount of Rs 4,00,000 by a demand draft and Rs 4,00,000 in cash to the vendor. Shamjibhai is alleged to have registered a sale deed on 19 May 1999 in favour of the appellant, his father and his brothers. Shamjibhai is alleged to have also executed a power of attorney in favour of the appellant and his father-in-law on the same date. The power of attorney mentioned that Shamjibhai had accepted the consideration for the land and had handed over possession to the appellant and his family. Shamjibhai is alleged to have executed another agreement mentioning that an amount of Rs 2,00,000 was due to be paid to him. On 9 January 2006, the Government of Gujarat granted permission for the sale of the land and a premium of Rs 13,76,000 was allegedly paid by the appellant and his family. As the power of attorney holder, the appellant 's father-in-law sold the land to Om Prakash Kotecha, Mukul Kotecha, Ketan Kotecha and his wife Deepaben and registered a sale deed in this regard. The appellant claims that he has been in possession of the property since 1999.