MOHAMMED HANIF GHULAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for quashing and setting aside the FIR being I - C.R. No. 3 of 2014 registered with Bharuch Rural Police Station for the offence punishable u/s 467, 468, 471, 120-B of the IPC .

(2.) The impugned FIR reads as under (translated into English):- "My name is Mustafa Haji Mohammadlangiya, Caste: Muslim VoPatel, Residence: Palej, Dhanjisha Gin, Taluka & Dist. : Bharuch, M. No. 9898568299, I, hereby, give my complaint, in person that I'm residing at the above mentioned address with my family and earning livelihood through cultivating land. I got married to a daughter of Mr. Ibrahim Aadam Mitha, namely Ayeshaben at Kanthariya village, thirty years ago, according to the customs & usages of our society. Today, you've taken my statement with regard to the application given by me, addressed to the Superintendent Of Police Shree, Bharuch,bearing Application No.61/13 dtd 20/04/13 & D Application No.66/13 dtd 25/04/13. After taking my statement, for lodging offence under I.P.C Ss. 467, 468, 471 , 120(B) and under other Sec. , you've submitted report to the Superintendent Of Police Shree, Bharuch, regarding which the permission was given by him through ?? ?????-? ...??-???-?????? -?-?? ((THELAW))?--?? dtd. 10/01/2014 for lodging offence, on the basis of which you have called and acquainted me regarding the permission letter/docment, on the basis of which I'm giving my complaint that I got married to the daughter of Mr. Ibrahim Aadam Mitha,named Ayeshaben, at village Kanthariya as per the customs and usages of our society and in my in-laws, I've three brothers in- law, named [1] Gulambhai (at U.K), [2] Aaheshanul Hakk (at U.K), [3] Saleem(passed away in the year 2003), as well as I've six sisters in-law, in which four are at U.K and Ajijaben is married to Mr. Hanifbhai Papadiya at Kanthariya village and one is my wife. My father in-law passed away on 26/05/1992. His ancestral properties (Land) are situated at Tham, Kanthariya, Sherpura village admeasuring about thirty acres. in which at Tham village 18312 sq mtr is situated, which was running in the name of my second number brother in-law named Aheshanul Hakk. For the administration of this land and other lands and house as well and for keeping an eye over them, I was given Power Of Attorney on 07/07/1992 in the presence of Ld. Mamlatdar Shree, Bharuch. Amongst these properties, about four years ago when some house construction work started on the land bearing Survey No.158 situated at Tham village, I doubted and hence I obtained a copy of Village Form No.6 from Mamlatdar Office, Bharuch. Thereby I came to know that this property was wrongly entered in the the name of Musa Mohammad Mitha in the year 1992, and before occuring his death, in the year 1997, on the basis of Power Of Attorney and by misusing the power given, Mr. Ahmed Aadam Master, resident of Higlot wrongly sold this property to Mr. Mohammad Hanif Gulam Patel, resident of Kosamba, Dist: Surat and therby, Bogus Deed was made up by a Sale Deed, bearing Document No.4295/2000 dtd. 25/10/2000, in which the attestors are (1) Anilbhai Gordhanbhai Patel, resident of Radhakrushna Society, A/Zhadeshwar Road, Bharuch (2) Ismail Mohammad Chowkwala, resident of Malbari Darwaja, near Mumma Masjid, BharuchIn this regard, when I Obtained necessary records from Tham village Panchayat, I came to know that on the notice issued under S.135(D2), the Bogus Signatures of deceased Musa Mohammad Mitha and Ibrahim Aadam Mitha was found done,inspite of their beig dead, on 15/05/2001, in the presence of the then Talati Cum Mantri, Hipjul Rehman, resident of Manbur. And, inspite of my brother in-law Ahesanul Hakk Ibrahim Aadam being at U.K and inspite of 1,being his Power Of Attorney Holder, by doing and causing to be done False Signature of his name on the 135(D 2) Notice, the Talati Cum Mantri of Tham village Panchayat as well, having played criminal role in collusion with one another, having Fabricated False Documents/Govt. Records, they have conspired criminally with regard to this property & misappropriated the property by cheating. Hence, as I had made an Application and in Ld. Collectorate Office, SIT Branch, they had heard me and told me to loadge Police ComplaintSo, due to making of applications, having recorded D Application No. 61/13 dtd 20/04/2013 and D Application No.66/13 dtd 25/04/2013, you've done the needful investigation, obtained and verified the Records and presented the Report to the Police Officer, Bharuch by 8.-i. 2420/13 dtd. 13/11/2013 and thereon, on obtaining their permission for filing my complaint/FIR through ?? ?????- ? ...??-???-?????? -?-?? ((THELAW))?-?? dtd 10/01/2014, at present, I've come for lodging FIR for the offence against the accused under Ss. 466, 467, 468, 471, 120(B) of Indian Penal Code and for conducting investigation thereonIn which, the accused Talati Cum Mantri Hipjul Rehman, resident of Manuber and the Giver of the Land on Sale, Ahmed Aadm Master, resident of Higlot are expired. These many facts contained in my FIR/Complaint are correct and true."

(3.) The petition is filed inter alia on the ground that the petitioner is the bona fide purchaser of old tenure land bearing survey No.158 admeasuring 18312 sq mtr situated at village Tham, Tal & Dist: Bharuch (in short "the land in question") from the power of attorney holder of the seller by paying sale consideration. The petitioner has not committed any offence u/s 467, 468, 471, 120-B of the IPC . The petitioner has not prepared any forged power of attorney and produced it as genuine one. Another contention raised in the petition is that the FIR is filed belatedly and almost after 13 years of the said incident, which prima facie indicates that the FIR is filed for wreacking vengeance. Thus, it is prayed to quash the impugned FIR.