SAVANKUMAR NIRANJAN BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No.I-1/2014 registered with Khambhat City Police Station, for offfences punishable under Sec. 406 , 420 , 465 , 467 , 471 and 114 of IPC.

(2.) Mr. Apurva R.Kapadia, learned advocate for the petitioner submitted that, the petitioner is the computer operator in the Mamlatdar Office and the only role which is attributed to him is to give effect to an entry in the revenue record as per the direction of the Mamlatdar pursuant to the order passed by Special Secretary (Appeals). Mr. Kapadia submitted that the petitioner as a computer operator was duty bound to follow the orders and thus no criminality can be attributed to him, and hence made a prayer to quash the FIR qua him.

(3.) The facts of the case suggest that the land bearing No.95 was originally owned by one Diwaliben and her son Somabhai Parshottambhai. The FIR narrates that accused no.1 got executed a sale deed in his favour from Diwaliben on 1/5/2004 under the guise of creating a mortgage and thereafter Diwaliben and her son filed Civil Suit No.82 of 2007, wherein compromise was arrived at and the sale transaction which was executed in favour of accused nos.1, 2, 3 stood cancelled and Diwaliben and her son were declared as owner of the property.