RUTUL YOMESH MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present application has been filed under sec. 482 of the Code of Criminal Procedure for the prayer that the FIR being C.R. No. I-1/2011 registered with Sanand Police Station dated 3.1.2011 for the alleged offences under sec. 406, 421 471 and 120B may be quashed and set aside on the grounds stated in the memo of application.

(2.) THE facts giving rise to the present application briefly stated are that the petitioner is the original accused No. 21 and the complaint came to be filed by respondent No. 2-original complainant with regard to transaction of the land for which banakhat was entered into by respondent No. 2 with the original owners of the land situated at Kundalgam, Tal. Sanand, Dist. Ahmedabad and certain amounts were paid for the lands. THE original owners issued power of attorney in favour of the complainant for initiating proceedings for conversion of land from agricultural to no-agricultural land. It is stated that on 24.1.95 total amount of all the lands was paid to the original owners by the complainant and received a receipt. In 1997 the complainant met with an accident and was bedridden for a year. Taking advantage of the illness of the complainant it is alleged that the original owners sold away all the lands to other persons including the preset petitioner. It is alleged that though the petitioner was aware about the fact that the complainant had entered into banakhat with the original owners, he purchased the said lands and sold away the said lands to another person in connivance with the original owners and the subsequent purchasers.

(3.) IT is also contended that the complainant has not stated that when he entered into a registered sale deed on the basis of the power of attorney of one Chaturbhai Gopalbhai, he has sold the land to his wife. Therefore, the complainant has not come with clean hands and has lodged the complaint with an oblique motive to cause harassment.