SATYAJIT BALLULBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The Appellants herein have assailed the judgment and order of the High Court of Gujarat at Ahmedabad dated 29.09.2011 passed in Special Crl. Application No. 810/2011 alongwith Criminal Miscellaneous Application No. 11636/2011 whereby the learned single Judge was pleased to dismiss the applications and thus upheld the order passed by the learned Magistrate permitting police remand of the Appellants herein for three days for their interrogation in complaint case No. 3/2004 registered in the court of Judicial Magistrate (1st Class) Valod, Gujarat which had been referred to the police for investigation after which the said complaint was registered as Talod M. Case No. 1/2004.

(3.) Before we consider the justification and correctness of the impugned order permitting police remand of the Appellants, the relevant factual details are required to be recorded which disclose that a lady named Surjaben widow of Badharsinh @ Babarsinh Chauhan aged approximately 80 years filed a criminal complaint before the Judicial Magistrate 1st Class (JMIC), Valod in Gujarat being case No. 3/2004 against the Appellants alleging inter-alia that the husband of the complainant namely Badharsinh @ Babarsinh Ratnaji Chauhan had expired on 10.6.1967 and after his death and death of other brothers of the husband of the complainant, name of the complainant got entered in the revenue record. However, when the complainant obtained a copy of the revenue record in respect of the aforesaid land, she came to know that one Satyajitbhai Ballubhai Desai forged and created a bogus power of attorney at the instance of the owner of the property in the name of one Jaydipbhai Ranchhodbhai Solanki who is a fictitious person and on the basis of the bogus and fabricated power of attorney, he got executed a registered sale deed on 2.8.2003 in favour of a 3rd party without the knowledge of the complainant. The learned Magistrate sent the matter for investigation to the police which registered it as Talod M. Case No. 1/2004.