SHAILESH ISHWARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is an advocate by profession and he challenges the order dtd. 23/8/2018 passed by the learned 14th Additional Chief Judicial Magistrate, Surat whereby the discharge application preferred under Sec. 239 of the Cr.P.C. came to be rejected. The offence has been registered with Umra Police Station, Surat bearing I-CR no.60/2012 for the offence punishable under Ss. 420, 465, 467, 468, 471, 474 and 120B of the IPC. Criminal Case no.13460/12 has been registered and in the charge-sheet, the applicant has been shown as accused no.2.

(2.) The facts of the case suggest that one Pravinchandra Ranglidas Kapasiyawala as a trustee of Nageshwar Parshwanath Jain Tirth Dham Trust, Magdalla on 13/10/2011 gave an application stating that survey No. 12 paiki 1, 2 and 3 and 107/4 paiki 1/a, 2/b and 3/c were owned by the said trust. It is alleged that 35 plots of the said land had been given to various parties by Ajit Hiralal Thakkar on the basis of the forged power of attorney and thereafter, offence has been registered at Umra Police Station.

(3.) The applicant came to be arrested in connection with the alleged offence which he states was in connection with drafting of power of attorney which is purportedly under the professional advise and allegedly identifying the executant of power of attorney dtd. 19/12/2010. The applicant came to be released on bail by this Court vide order dtd. 20/6/2012 passed in Criminal Misc. Application no.7979/12.