DAHYABHAI RAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner as a retired Circle Officer has given challenge to the FIR registered as C.R. No.I- 102/2017 with the Olpad Police Station, Surat Rural for the offences punishable under Sec. 406, 409, 420 and 114 of the IPC.

(2.) Mr. Nachiket A.Dave, learned advocate for the petitioner submits that no criminality could be attributed to the act of the petitioner as a Circle Officer, who had certified the entry with regard to the family arrangement as was produced before the revenue authority, and stated that the Circular being HKP-1083/252-J of Revenue Department of the Government of Gujarat, refers to Resolution No.HKP-1079-34-J, dtd. 10/12/1979, where it has been specified that no registered documents would be necessary to certify the entries which are in connection with the family arrangement in the record of rights.

(3.) Countering the arguments, Advocate Ms.Rashmiben D.Gadhavi assisted by Advocate Mr. Maurya for the respondent no.2, referring to the judgment of Ganga Dhar Kalita Vs. State of Assam and Others, reported in 2015 (9) SCC 647 and T. Vengama Naidu Vs. T.Dora Swamy Naidu and Ors., reported in 2008 (2) SCC (Cri.) 231, submits that any document created on the basis of power of attorney does not authorise the party to execute such a document, even if there is pendency of Civil Suit and if the F.I.R. reflects criminal element, then the accused is required to be directed to stand the trial.