ISMAIL OSMAN DAL 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. In the facts and circumstances of the case, the present application was taken up for final consideration today itself.

(2.) It is in connection with the First Information Report bearing Crime Register No. I-40 of 2015 registered with DCB Police Station, Rajkot on 28.07.2015, against the present applicants-accused for the offences under Sections 465, 467, 468, 471, 406 and 114 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) As far as the allegations in the FIR go, it is stated by the complainant that his uncle one Mahamad Aarif Haidarbhai purchased the plot in a co-operative society. For the purpose of transferring the name of his uncle in the society, the complainant was given a Power of Attorney and was to act to effect the transfer in the record of the society. It was submitted that instead of the photograph of the purchaser-Mahamad Aarif Haidarbhai, photograph of previous owner named Anhal Hak Allarakha Dal was pasted and the transfer was sought to be effected. It was therefore alleged that there was an act of criminal breach of trust committed by the applicants.