PURSHOTTAMBHAI KALUBHAI BAMANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 29/5/2017 passed by the learned 4 th Addl. Judicial Magistrate First Class, Godhra (Panchmahal) in Criminal Case No.695/2016, whereby the opponents accused Nos.2 to 4 came to be acquitted for the offences under Sec. 465 , 467 , 468 , 471 , 120(B) and 114 of IPC, the applicant complainant has preferred this application to grant leave to appeal as provided under sec. 378(4) ) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) That the present applicant filed complaint u/s 200 of the Code of Criminal Procedure which was initially registered as Criminal Inquiry No.96 of 2014, however, subsequently, it was numbered as Criminal Case No.695 of 2016. It is alleged in said criminal case that his late father Kalubhai Hirabhai Bamania had adopted the present applicant and also had stated in the adoption deed that land bearing survey Nos.313/3, 344/4, 343/9, 345/1 situated in village Veganpur and house bearing Panchayat No.182 along with Vada and House No.1/665 and 1/665/1 known as Nadiavas situated in Khadi Fadia of Godhra Municipality was also disposed of in favour of the present applicant. After the death of the applicant on 3/11/1980, the applicant had made applications for mutation of revenue entries in the revenue records. In the meantime, there were civil litigation and the matter had reached upto this Court and this Court was pleased to grant stay against transfer, alienation etc. During the period of stay, mother of the applicant had passed away and the sister of the applicant had approached the revenue authority that she was in possession of Will executed by late Maniben and therefore, in the revenue records, her name should be mutated in case of all the properties. This was objected by the present applicant and the katcha entry was made cancelled. The private respondents also made an attempt to move the civil Court for grant of probate for certification of Will. It is also alleged in the complaint that in fact, the Will is fabricated and the Will executed by Maniben is illegal by virtue of the order of this Court.

(3.) We have heard learned advocate Mr. Ramnandan Singh for the applicant - complainant and reassessed and reanalyzed the evidence adduced by the complainant before the learned trial Court.