RABARI SAGARBHAI GANESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Premal Nanavaty, learned Counsel with Mr. B.S. Khatana for the petitioners, Mr. Abhaykumar P. Shah, learned Advocate for respondent nos. 2 to 4 and Ms. Moxa Thakkar, learned APP. for respondent No.1- State.

(2.) BY way of this petition under Article 226 of the Constitution of India r/w section 482 of the Code of Criminal Procedure,1973 (hereinafter referred to as 'the Code' for the sake of brevity) the petitioner ­ original accused have prayed for quashing and setting aside the impugned FIR lodged by respondent nos. 2 to 4 being FIR/M. Case No. 1 of 2011 registered with Vithalapur Police Station for the alleged offences u/Ss. 406, 420, 467, 468, 465, 466 r/w 409 of Indian Penal Code (hereinafter referred to as 'IPC'). The relevant facts arising out of this petition are as under.

(3.) THE allegation made by the complainants is in relation to land bearing block no. 55/1 part admeasuring 60703 sq. mtrs. situated at village Udhrojpura, Taluka Mandal, district Ahmedabad. It appears from the record that the land in question originally belonged to Ukardi Ganotia Sahkari Kheti & Gopalak Mandali Limited. It is alleged in the complaint that on the basis of the resolution passed by the Members of the Society dated 8.8.2005 and after taking due approval from the Society, the land in question came to be transferred by sale-deed dated 8.1.2007 for consideration of Rs.3.65 lacs. It is further alleged that on the basis of the same the original complainants i.e. respondent nos. 2 to 4 are owners and occupiers of the said land. It is further alleged in the impugned complaint that petitioner no.1 in his capacity as President of the said Society once again sold the very land in question to petitioner no.2 for a total consideration of Rs. 4.90 lacs and executed a sale-deed in favour of petitioner no.2 which came to be registered at Sr.No.1249 in the Sub-Registrar office dated 6.4.2010. On these factual matrix it is alleged in the complaint that the petitioners have committed offences as alleged in the complaint.