HIMATAJI KASTURJI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'), the petitioners - original accused Nos.1 and 3 to 6 have prayed to quash and set aside the FIR being I-CR No.34 of 2019 registered with Kanbha Police Station, Ahmedabad (Rural) for the offence punishable under Ss. 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860 (for short 'IPCP) and to quash all other consequential proceedings arising therefrom.

(2.) It is the case of the petitioners that at the instance of respondent No.2, impugned FIR came to be filed in connection of the mutation Entry No.1321 dtd. 7/8/2002, which was made in revenue record stating that in connection of the land bearing Block No.243 (New Block No.400) of Mouje Bhuval, Taluka Daskroi, District Ahmedabad (Rural) (herinafter referred to as 'disputed land'), which was running in the name of one Nathaji Jibhaji Vaghela wherein it was declared before accused No.7 - Talati cum Mantri that Nathaji Jibhaji Vaghela expired around 22 years ago and his heirs are Himtaji Nathaji, Chagaji Nathaji, Hemaji Nathaji and Ramaji Nathaji. Out of these heirs, Himtaji Nathaji had expired 12 years ago and name of his heirs viz. Fuliben Wd/o. Himtaji, Gangaram Himtaji, Shardaben Himtaji, Naranji Himtaji and Prakashji Himtaji are recorded in revenue record. Similarly, Chagaji Nathaji had expired around 9 years ago and name of his heirs i.e. Babuji Chagaji and Rohitbhai Chagaji are recorded in revenue record. Though Nathaji Jibhaji had no such heirs namely Himtaji Nathaji and infact actual name of Himtaji Nathaji is Himtaji Kasturji Mali and he is not dead and alive as on date. Himtaji Kasturji Mali who is actually heirs of Kasturji Mali and alive as on date, is wrongly shown as heirs of Nathaji Jibhaji and vide mutation entry No.1321, Himtaji Kasturji Mali who is alive as on date, is shown as expired around 12 years ago and name of his heirs i.e. Fuliben W/o. Himtaji Gangaram S/o. Himtaji, Sardaben D/ o. Himtaji Naranji S/o. Himtaji and Prakash S/o. Himtaji are recorded in revenue record so as to avail status of agriculturist in the State of Gujarat. Further, Himtaji Kasturji and his heirs got mutation Entry No.1321 posted in the revenue record in connivance with one Mr. M.B. Gadhvi - accused No.7 who was Talati cum Mantri of village Bhuval at that point of time. In this regard, complaint is filed at the instance of respondent No.2.

(3.) Heard learned Senior Advocate Mr. N.D. Nanavaty assisted by learned advocate Mr. Hitesh Acharya Jani for the petitioners, learned APP Ms. H.K. Patel for respondent No.1 - State of Gujarat and learned Senior Advocate Mr. B.B. Naik assisted by learned advocate Ms. Avani Patel for respondent No.2 - original complainant.