ISHVER MANGA VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Ms.S.M. Ahuja for the applicants, learned Additional Public Prosecutor Mr.L.B. Dabhi for the respondent-State and learned advocate Mr.S.T. Saiyad for the respondent No.2- original complainant.

(2.) This application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashment of First Information Report bearing Crime Register No.I-15 of 2013 registered with Unjha Police Station in connection with alleged offences under Section 420, 465, 467, 468, 471, 182, 120B of the Indian Penal Code, 1860.

(3.) According to the first informant, he stated that land bearing survey No.242 situated at Village Dabhi Limba, Taluka Unjha, was purchased by him on 29th October, 2001 for Rs.15,000/- from one Vaghari Chotabhia Ajubhai who was then residing at the village of the first informant. The first informant stated that despite sale as aforesaid in his favour, as he was not agriculturist, the land was not shown in his name in the record. It was stated that after purchase of the land ,he had constructed house on the said land and had been staying in the house. It was stated that about seven months before when the occasion was of payment of property tax, the first informant knew that the land was mutated in the name of his brother Ishwarbhai Mangabhai. The first informant thereupon stated that it was not possible as the land was given in sale to him by said Chotabhai Ajubhai and therefore, he asked for papers to know as to who land had been mutated in the name of his brother Ishwarbhai. Said vendor Vaghari Chotabhai Ajubhai died on 29th March, 2011. Though said Chotabhai had died intestate, a Pedhinama was shown and brother of the first informant Ishwarbhai and his mother Menaben was shown as his first line descendants. Revenue record was accordingly mutated in which it was stated that original owner Chotabhai was alive though he was already died.