SHYAMAL UPENDRABHAI THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this application under Section 439 of the Code of Criminal Procedure for enlarging him on regular in connection with the F.I.R being CR. No. I- 63 of 2018 came to be registered with the Varnama Police Station, District Vadodara Rural, for the offences punishable under Sections 406 , 420 , 465 , 467 , 468 , 471 , 474 and 120-B of the Indian Penal Code.

(2.) Heard learned Senior advocate Shree Yogeshbhai Lakhani for learned Advocate Mr. Dhruvin P. Bhuptani for the applicant and with prosecution learned Advocate Mr. D. K. Puj for the complainant and learned APP Ms. Moxa Thakkar on behalf of the Respondent State of Gujarat through video conference. Factual Matrix of the case:

(3.) The case of the prosecution in nutshell is that allegations are made in the FIR that with an common intention to cheat the complainant by taking away the land situated at Khatamba Village, ad measuring 2-77-22 Hectar Sq. Meter, having market value of Rs. 40,26,91,000/-. Accused Nos. 1 and 2 took in the complainant and other owners of the land by showing interest in purchasing the land and ultimately entered into Agreement to sell with the complainant and other owners and even entered into a Memorandum of Understanding and even took signatures of the Karta of Hindu Undivided Family and thus after obtaining signatures on necessary documents the accused Nos. 1 and 2 refused to purchase the land and when the complainant and other owners demanded the documents back which were prepared between the owners and the accused Nos. 1 and 2, the accused Nos. 1 and 2 refused to give back the documents and in turn the accused No. 3, by preparing a forged power of attorney, sold the land on basis of those documents for sale consideration of Rs. 2,75,00,000/- and thus committed offence and for the above referred facts an F.I.R being CR. No. I- 63 of 2018 came to be registered with the Varnama Police Station, District Vadodara Rural, for the offences punishable under Sections 406 , 420 , 465 , 467 , 468 , 471 , 474 and 120-B of the Indian Penal Code against the accused persons. Submission of the Parties