BHIKHABHAI GOVINDBHAI KALKANI (PANSURIYA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Misc. Application is filed under section 482 of the Code of Criminal Procedure for quashing the proceedings in respect of C.R. No.I -120 of 2011 registered with Amreli City Police Station, against the petitioner for the alleged offences under sections 467, 468, 471 and 120B of the Indian Penal Code (IPC). Prayer in the petition reads as under:

(2.) Based on the complaint filed by respondent no.2 herein the complaint is registered for the offences under sections 467, 468, 471 and 120(B) of IPC. The dispute is in respect of the land covered under Survey No.274, Moje Amreli. The said land was owned by three co -owners, who are real brothers. Applicants no.1 and 2 herein are heirs of one brother and respondent no.2 herein is the heir of another brother. The sum and substance of the allegation in the complaint is that original accused nos.1 and 2, who are applicants no.1 and 2 applied for entering their names/ other legal heirs in the revenue record for the aforesaid land bearing Survey No.274. Pursuant to such application, notices were issued under section 135 -D of Bombay Land Revenue Code ('the BLR Code' for brevity). It is alleged that in notice dated 04.03.2011, signature of father of the complainant is imposed, though his father had passed away on 13.02.2011. It is also alleged that signature of other heirs also forged and such fabricated signatures are identified by the original accused nos.3 and 4, who are applicants no.3 and 4 herein.

(3.) In this petition, it is the say of the applicants that as a matter of fact, names of legal heirs of the deceased, Chandubhai have been mutated in the revenue records at the relevant point of time. Therefore, there was no need to issue notice to deceased - Chandubhai. It is stated in the petition that after issuance of notice under section 135(D) of the BLR Code, the same was given, in fact, to the complainant himself for the purpose of getting signature of legal heirs of deceased - Chandubhai and even if such thumb impression/ signatures are presumed to be forged, the same are at the behest of the complainant only. It is the grievance of the applicants that even taking the allegations as it is, on the face of it, the dispute is of civil nature and no case is made out to proceed with investigation under sections 467, 468, and 471 of IPC. Alternately, it is also pleaded that even the allegations are presumed to be correct they do not attract sections 467, 468 and 471 of IPC. Even if such allegations are accepted, then also offence is to be registered under section 465 of IPC, in which event maximum punishment prescribed is two years and it is bailable.