MAHOHARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code' for short) praying to quash and set aside the FIR bearing I- C.R.No.30 of 2016 lodged before the Sardarnagar Police Stationh and also to quash and set aside the chargesheet filed in respect of the said FIR being C.C.No.597 of 2016.

(2.) The brief facts leading to this application are such that the FIR is lodged alleging that Plot No. 409 being City Survey No. 9883 admeasuring 161.61 sq.mtrs. situated at Sardarnagar, Ahmedabad was allotted to refugee, who had come from Pakistan under the Displaced Persons (Compensation and Rehabilitation) Act , 1954. It is also the case of the complainant that, allottee of the aforesaid land - Rajesh Shreechand Lalvani executed power of attorney and sale deed on 6/8/2005 on a stamp papers of Rs.100.00 and Rs.50.00 respectively, which were notarized, whereby, Parshottam Dhanomal Harwani purchased the aforesaid plot by paying sale consideration of Rs.70,000.00. That, since the original allottee had not paid the purchase price, the land in question was resumed by the State Government, but actually the possession was not handed over by the original allottee. The land in question thereafter was allotted by the State Government to one Gopichand Harpaldas Jivnani. It is the case of the complainant that, thereafter, the said Gopichand Harpaldas Jivnani executed a sale deed in favour of one Nanubhai Raghubhai Bharwad on 16/7/2012, which came to be registered in the office of the Sub Registrar and thereby the land in question is sold by Gopichand Harpaldas Jivnani to Nanubhai Raghubhai Bharwad. That, the alleged land in question is a government land which could not have been sold by Gopichand Harpaldas Jivnani to Nanubhai Raghubhai Bharwad. It is this complaint which is prayed to be quashed by way of this application.

(3.) Heard learned advocates for the parties.