JAVIDBHAI MOHMADBHAI TAJVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.Ronak Raval waives service of Rule on behalf of the respondent-State. The application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-73 of 2015 registered with Veraval City Police Station, Gir-Somnath on 17.08.2015 against the present applicant-accused for the offences under Sections 420, 465, 467, 468, 471, 120(b) of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicant.

(3.) The allegations in the First Information Report concisely stated are that the Land Survey No.948/2 belonged to the grand-father of the complainant named Kevalrambhai Leelarambhai. The said grand father Kevalrambhai Leelarambhai died in the year 1989. Accused no.9 named Jethamal Jamarmal Gilgilani sold the land to one Noorabhai that is accused no.1 by projecting himself as a grand father Kevalrambhai Leelarambhai. The said transaction took place in the year 2013. In the same year, Noorabhai sold the land by further transaction to one Turak Ibrahim Allarakhabhai. Thereafter, sold the land to Yunus Maluk Gaaji that is accused no.8. In the second transaction, the present applicant i.e. accused no.6 along with accused no.5, put their signatures as witnesses. It is in the context and premise of the facts and allegations that, the offences are alleged in the First Information Report against the present applicant.