DHIRUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has prayed to set aside the impugned order dated 28.09.2017 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Inquiry (New) No. 900011/2016 and judgment dated 21.11.2019 passed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad and direct the learned trial court to issue summons and take cognizance against the private respondents on appropriate terms and conditions.

(2.) Heard learned advocate for the applicant.

(3.) It was submitted by learned advocate for the applicant that both the Lower Courts have committed an error in not considering the facts of the case and rejected the respective applications. That land under dispute is self ?acquired land which was purchased by way of registered sale deed on 04.07.1980 and therefore, the applicant is the exclusive owner of the disputed land. That accused no.1 is staying in America since long and used to visit India at regular interval and he has executed power of attorney in favour of the accused no.2. Accused no.2 under the capacity of power of attorney holder of accused no.1 had preferred Civil Suit before the City Civil Court, Ahmedabad on the basis of alleged forged agreement and the complainant came to know about the said agreement of 1986 when accused have produced the same in Civil Suit No.1830 of 2013. Ultimately, the complainant had requested the learned Metropolitan Magistrate to issue process against the accused in connection with the ofences punishable under Sections 406 , 420 , 465 , 467 , 768 , 471 , 120(b) , 114 and 506(2) of the IPC.