DHANJIBHAI THAKARSHIBHAI ANAGHAD (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11190002211515 of 2021 registered with Botad Police Station, District Botad for the offences under Ss. 465, 466, 467, 468, 471 and 474 of the Indian Penal Code, 1860 (IPC).

(3.) It is the case of the prosecution that in the Court of Principal Senior Civil Court, Botad during pendency of the Special Civil Suit No.10 of 2018, one application for restoration and another application for condonation of delay has preferred before the Civil Court as the suit was dismissed for default and there was a considerable lapse of time in filing delay condonation application. While proceeding with above applications, certified copy of the suit was directed to be filed by the Court and while filing the certified copy of the suit in the civil proceedings, it appeared that the surname of the respondent Nos.9, 10, 11 and 12 were strucked off by using whitener and the surname, which was not there in the original civil suit, was mentioned. The respondent No.9 mentioned in Special Civil Case No.100 of 2009 (New No.10 of 2018) was originally named in the suit as Ghanshyam Kanjibhai Khachar and surname was changed from Khachar to Makwana by strucking off Khachar by whitener in the certified copy, which was produced before the Court and similarly, the surnames of other respondents with Sr.Nos.10, 11 and 12 were also changed and, therefore, the Civil Judge directed the Registry to file an F.I.R. and thus, the impugned F.I.R. was registered.