KIRTIBEN HITENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has made following prayer in terms of para - 9(A) :-

(2.) The gist of FIR can be stated thus :-

(3.) Learned senior advocate Mr. P.C.Kavina for the applicant would submit that the applicant is bona-fide purchaser of the subject land for valuable consideration and she purchased the subject land from legal heirs of Babubhai Lallubhai Nayak as their names were reflected in the revenue record, as owners of the subject land. Therefore, there is no criminal intent on the part of the applicant to defraud the complainant or anyone, nor the applicant has deceived the complainant in any manner to entrust the property. As such, the applicant has not been entrusted any property by the complainant directly. According to learned senior advocate Mr. Kavina, the applicant has not forged signature of the complainant or created any forged document or used forged documents for the purpose of cheating the complainant or making any personal gain. Therefore, the applicant has been falsely roped in the offence by the complainant to extort money from her. It is submitted that FIR has been lodged after inordinate and unexplained delay of about 30 years / 7 years and therefore, applicant's case is covered by decision in the case of Mohammed Ibrahim v/s. State of Bihar reported in 2010 (1) GLH 184.