AMIT HARISHBHAI CHOKSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is directed against the order dtd. 20/11/2015 passed by City Survey Superintendent No.1, Surat, by which, the application submitted by the applicant herein to file complaint in writing in exercise of powers under Ss. 195(1)(a)(I)(II)(III) and (b)(I)(II)(III) of Code of Criminal Procedure, 1973 for the offence alleged to have been committed in relation to proceedings (Case CTS No.36 of 2015).

(2.) Facts and circumstances giving rise to file present application are that the applicant herein executed registered sale deed dtd. 9/1/2012, allegedly in favour of Jignesh Vishubhai Patel and copy of the sale deed along with affidavit in the form of declaration submitted before the respondent authority. It is alleged that the sale deed is forged and fabricated document. The other side Jignesh Patel furnished false information and made false statement on oath by producing false evidence knowing it to be false before the respondent authority. The applicant herein, vide application dtd. 15/7/2015, prayed that the applicant herein committed an offence under Ss. 467 , 471 , 177 , 181 , 193 , 196 , 199 and 200 of the Indian Penal Code and considering the bar of Sec. 195 of the Cr.P.C., the City Survey Superintendent, Surat is legally authorized to file a complaint in writing before the Court, as the offence is alleged to have been committed in relation to the proceedings of property pending before the respondent authority. The authority concerned, after hearing the parties and on perusal of the material placed on record, refused to file a complaint as prayed and accordingly, on 20/11/2015, the application was rejected.

(3.) Mr.Manan Shah, learned advocate for the applicant herein would submit that the respondent authority has mechanically rejected the application without considering the applicable legal provisions. Referring to the impugned order, he submitted that sufficient reasons were not assigned for the conclusion arrived at by the respondent authority and having not properly considered the provisions of Sec. 195 of the Cr.P.C.