GALABHAI DALABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant - original accused under Sec. 482 of the Code of Criminal Procedure seeking quashing and setting aside the impugned FIR being I.C.R.No.99 of 2013 registered with Limbdi Police Station, Surendranagar for the offences punishable under Ss. 465 , 467 , 468 , 471 , 420 and 120(B) of the Indian Penal Code (herein after referred to as the " IPC ").

(2.) Learned advocate for the applicant has submitted that at the relevant time, present applicant was working as a Deputy Mamlatdar (Revenue) at Limbdi. The accused no.1 had made an application for mutating his name in the revenue record qua the land in question. As and when an affidavit was affirmed before the Executive Magistrate, the name of accused no.1 came to be mutated in the revenue record after following the necessary procedure and the said entry was subsequently certified. It was the duty of present applicant as a Deputy Mamlatdar to mutate the name in the revenue record on the basis of the documents produced in support of the application. It was not duty of the applicant to verify the genuineness of the documents produced on record. Thus, the applicant had diligently performed his duty in mutating the entry in question. It was not the duty of the present applicant to verify as to whether the contents of the application on affidavit were correct or not. Therefore, present applicant cannot be said to have committed any offence. He, therefore, submitted to allow the present application.

(3.) Learned APP, relying upon affidavit-in-reply filed by one K.D.Solanki, Mamlatdar, Limbdi, submitted that when the documents were presented before the concerned Deputy Mamlatdar, it was already attested and authenticated by the Government Officers. The affidavit, which was submitted before the concerned Deputy Mamlatdar was attested by the Executive Magistrate and the Pedigree Certificate, which was submitted before the Deputy Mamlatdar was also authenticated and attested by the Talati Cum Mantri. On the basis of these documents, the present applicant had made an entry in question. She, therefore, submitted to pass appropriate order in the present application.