MAHENDRASINH KANAKSINH THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.140 of 2017 registered with Kamrej Police Station, Surat Rural for the offences punishable under Ss. 406, 409, 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code and the proceedings initiated in pursuant thereto.

(2.) Under the instructions of this Court, learned Advocate Ms. Rashmiben D. Gadhavi is assisted by learned Advocate Mr. Kishankumar R. Maurya though learned Advocate Mr. Maurya had withdrawn his representation on behalf of the respondent No.2.

(3.) Learned Advocate for the applicant Ms. Kruti M. Shah submits that as per the complainant, his deceased father had three brothers. The deceased father was the eldest, thereafter Arunbhai Bhagwanbhai Patel who stays at Canada, the next brother being Mahendrabhai and the youngest being Kiranbhai, are residing at America. As per learned Advocate Ms. Shah, the complainant is the nephew of Arunbhai, who avers that Arunbhai has legal right, interest and share in the land bearing Block No.228, Revenue Survey No.252 admeasuring 1 hectare 90 RA and 20 sq. metres which is approximately 8 bighas of land at Village Velanja, Kamrej. It is stated that Arunbhai had executed the power of attorney in his favour and he being the power of attorney had filed a complaint on 28/5/2017 against the other uncle - Kiranbhai and the present applicant who is the purchaser of the land - Mahendrasinh Kanaksinh Thakore.