RAJENDRA BHANUPRASAD YAGNIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Saurin Shah for learned Advocate Mr.A.D. Shah on behalf of the petitioners, learned Additional Public Prosecutor Ms. Maithili D. Mehta on behalf of respondent no.1- State and learned Advocate Mr. Virat Popat on behalf of respondent no.2- original complainant.

(2.) By way of this petition, the petitioners have prayed for quashing of FIR being C.R. No. I- 1 of 2013 registered with CID (Crime), Gandhinagar Zone Police Station for offences punishable under Ss. 217 , 218 , 219 , 221 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code and for offences punishable under Ss. 7 , 13(1)(a)(b) read with Sec. 13(2) of the Prevention of Corruption Act , 1988 (hereinafter referred to as 'P.C.Act').

(3.) Facts leading to filing of the present petition are briefly narrated as hereinbelow: The first informant had filed an FIR, being C.R. No. I- 204 of 2009 with Deesa Rural Police Station, District: Banaskantha against four accused inter alia alleging offences punishable under Ss. 193 , 196 , 209 , 465 , 468 , 471 read with Sec. 114 of the Indian Penal Code. The said FIR being filed inter alia alleging that forged agreement to sale ( Banakhat) had been produced in a Special Civil Suit No. 29 of 2008 filed by the accused of the FIR referred to hereinabove, with regard to purchase of land of the first informant in question. It appears that the investigation of the complaint was transferred to the Police Inspector, LCB, Palanpur, District: Banaskantha by the Superintendent of Police, the petitioner no. 1 herein being the Police Inspector, LCB at the relevant point of time. It appears that since the first informant was not satisfied with the investigation, he had preferred a petition before this Court being Special Criminal Application No. 1818 of 2010 praying for transfer of the investigation. That learned Co-ordinate Bench of this Court( Justice M.R. Shah, as he then was), had recorded the statement of learned APP that since original papers were lying with the Civil Court in the civil proceedings, there was delay in investigation and whereas such papers, would be received by the Investigating' Officer within a few days from the Civil Court. It appears that based upon such a statement learned Co-ordinate Bench had been pleased to dispose of the said petition with a direction to the Investigating Officer to complete and conclude the investigation expeditiously and charge-sheet was directed to be filed on or before 28/2/2011. Liberty was also reserved in favour of the petitioner therein to initiate appropriate proceedings if he was not satisfied with the investigation. It appears that after the order of this Court, the Investigating Officer had got custody of the Agreement to Sale (Banakhat) in dispute on 28/1/2011 and whereas the same was forwarded to the Forensic Science Laboratory for their opinion. It further appears that the main accused had been arrested by the Surat Police and the custody was also handed over to the LCB, Banaskantha.