JAGDISH RAMJIBHAI RAMOLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Petition has been preferred by the Petitioner (Original Accused No.5) under Sec. 482 of the Code of Criminal Procedure praying for quashing of the FIR being I - CR No. 24 of 2014 registered with Katargam Police Station, Surat City for the offences punishable under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code.

(2.) Heard learned Advocate Shri N.K.Majmudar for the Petitioner. He submitted that in the present matter the dispute between the parties is of purely civil nature which is sought to be given a criminal colour by filing the present FIR. He submitted that the present Petitioner has not played any role in connection with the offence in question. The Petitioner has been roped in the present offence simply because the Original Accused Nos. 1, 2 and 3, who happened to be the original owners of the land, have executed a Power of Attorney for disposal of the land in question. He therefore submitted that none of the ingredients for any of the offence alleged against the present Petitioner are made out from the averments made in the FIR. He therefore submitted to allow the present Petition and quash and set aside the above referred FIR as regards the present petitioner.

(3.) The Petition is opposed by the learned APP Ms. Krina Calla. She submitted that the land bearing Revenue Survey No. 191/1 situated at village Katargam Surat belonged to the Accused Nos. 1, 2, 3 and they had agreed to sell the said land in favour of the first informant. The first informant had also paid the amount of consideration and, despite the same, Accused Nos. 1, 2 and 3 were trying to dispose of the said land and, had executed a Power of Attorney in favour of the present Applicant. Learned APP submitted that the averments made in the FIR clearly indicate the culpable mind on part of the present Petitioner. She therefore submitted to dismiss the present Application.