VELBAI HIRJIBHAI VAKERIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Pravin Gondaliya appearing for the petitioners, learned advocate Mr. Viral Vyas for learned advocate Mr. Ashish Dagli for respondent No.2 and learned APP Mr. Ronak Raval for the respondent State.

(2.) The present application has been filed seeking quashing and setting aside the impugned First Information Report (FIR) being I-C.R.No. 140 of 2015 registered with Bhuj City, "A" Division Police Station, Bhuj, District: Kachchh for the offence punishable under Ss. 465, 467, 468, 471, and 114 of the IPC.

(3.) The facts in nutshell are that the first informant has filed the impugned FIR on 8/9/2015, inter alia, stating that his father viz. Ramsing Shekhavat was in Army and when he got retired, the Government granted him a parcel of land in the year of 1976 of Old Survey No. 1324 paiki 15 acres (in short "the land in question") for the purpose of doing agricultural activities. This land was new tenure land. The FIR further spells that according to the first informant, they were doing agriculture activity on that land. It is further alleged that one power of attorney was executed by his father on 7/10/2004 before the Mamlatdar, which was forged and false. In the impugned FIR, it is further stated that based on false and forged power of attorney, a registered sale deed was executed in favour of the present petitioners at serial No. 3930 on 26/3/2012 and a revenue entry was made with the help of accused No. 3. The first informant came to know about the sale transaction when he has obtained the abstract of village form No. 7 & 12 from the revenue office. Thus, allegations are made for forging the power of attorney and producing the same as genuine for executing the sale deed. Therefore, impugned FIR is filed.