ISMAILBHAI UMARBHAI JABAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these applications arise out of one and the same First Information Report and therefore, they were heard together and are being disposed of by this common judgment.

(2.) Challenge in both these applications filed under Sec. 482 of the Code of Criminal Procedure is to the First Information Report being C.R. No. I - 2 of 2012 registered with Aghoi Police Station, East Kutch, Gandhidham for offences punishable under Ss. 420, 465, 467, 468 and 114 of Indian Penal Code. Criminal Misc. Application No.455 of 2012 is preferred by accused No.1 in the impugned complaint; whereas, Criminal Misc. Application No.458 of 2012 has been preferred by remaining accused Nos.2 to 4.

(3.) The present applications have been filed mainly on the ground that the impugned complaint is an abuse of the process of law and has been filed with a malafide intention so as to harass the applicants. It is submitted by learned advocate Mr.Y.N. Ravani appearing for the applicants in both the matters that respondent No.2-original complainant has not come before the Court with clean hands. The complainant herein happens to be the son-in-law of one Valimamad Mamad Jabi and claims share in the property in such capacity. He submitted that the parties are governed by the Mahomedan Law and therefore, the son-in-law would not have any right to claim share in the property belonging to his father-inlaw. Even if it is considered that the impugned complaint has been filed in the capacity of being the Power of Attorney holder of the father-inlaw, the fact remains that the father-in-law, who happened to be the son of Mamad Khungar Jabhai, had never claimed any share in the ancestral property and therefore, the only remedy that was available to the father-in-law of the Power of Attorney was to file a civil suit.