SHAKTISINH KRUSHNASIN VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 482 of the Code of Criminal Procedure, 1973, the Applicants herein (Original Accused Nos. 2, 5, 6 and 3) have prayed for quashing and setting aside the FIR being I - C.R. No. 14 of 2014 registered with Tankara Police Station at Morbi for the offences punishable under Ss. 406 , 420 , 467 , 468 , 471 , 34 , 114 and 120B of the Indian Penal Code.

(2.) At the outset, learned Advocate Mr. Samir B. Gohil for the Applicants seeks permission to withdraw the present Application as regards the Applicant Nos. 1 and 2 [Original Accused Nos. 2 and 5].

(3.) The facts and circumstances giving rise to the filing of the present Application are such that, on 3/2/2014, the first informant namely Ajaybhai Kishorbhai Shah submitted an application to the concerned Police Station inter alia contending that a land bearing Plot No. 44 Survey No. 232 situated at village Hadala, Taluka Tankara was purchased by his deceased father vide registered sale deed dtd. 28/12/1989. After his demise, the name of the first informant and the other heirs of the deceased father were entered into the revenue record. Thereafter, Accused No.2, though was aware of the fact that the land in question was purchased by the deceased father of the first informant, executed a registered sale deed in favour of other co-accused and thus an attempt was made to usurp the land belonging to the first informant. The lands of the other witnesses were also tried to be usurped by the Accused by resorting to the forged documents. On the basis of the said Application, the FIR in question came to be lodged against the present Applicants and other co- accused.