PATEL YOGINIBEN MAHENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 438 of the Cr.P.C., the applicant has prayed for his release in event of his arrest in connection with FIR No.11214070230203 of 2023 registered with Bardoli Rural Police Station, Dist.Surat for offences punishable under Ss. 403 , 406 , 420 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code.

(2.) Heard learned advocate Mr.Salim Saiyed for the applicant and learned advocate Mr.Ronak Raval for respondent - State.

(3.) In the FIR registered by one Champakbhai Rambhai Vaghela, he has stated that he is having ancestral land at Village: Nogama, Tal.Bardoli, Dist.Surat admeasuring 164 Acres 91 Gunthas of land and the said land was acquired for the purpose of construction of Vadodara - Bombay express way and for the acquisition of land the compensation was also awarded in the year 2021 by the office of Special Land Acquisition Officer, Branch-I, Surat and for withdrawal of the compensated amount there was requirement of all the persons in whose names land was running as the land was ancestral land. When the complainant approached the office of Special Land Acquisition Officer, Branch-I, Surat on 22/2/2023, he was informed that the amount is deposited on 22/10/2022 in the name of Dinubhai @ Dineshbhai Dayalbhai Mayavanshi. Therefore, upon making an application under RTI, when the details were provided to the complainant on 1/3/2023, the complainant found that entire compensation amount was withdrawn and transferred on the basis of consent letter, affidavit and undertaking and the consent letter was in the name of seventeen persons and it was Dinubhai Dayabhai Mayavanshi who obtained the consent letter. Accordingly total sum of Rs.2,93,43,166.00 which the complainant was entitled to was actually transferred in the account of Dinubhai Dayabhai Mayavanshi and other persons and, therefore, FIR was registered.