AMIT RAJKUMAR NIHALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for quashing and setting aside the FIR being C.R.No.I-212 of 2011 registered at Gandhidham 'A' Division Police Station for the offences punishable under Sections 406, 420, 467, 468 and 471 of Indian Penal Code.

(2.) It is the case of the applicant that the impugned FIR is filed by the present respondent no.2 against the applicants in which it has been alleged that on 26.1.2001, there was devastating earthquake in Kutch district and number of buildings had collapsed. The government, had, therefore, issued package for compensation to the owners of the buildings which collapsed during the said earthquake. It is alleged that the applicants-accused had submitted an application for Flat Nos.401 and 402 of Square Apartments situated at Plot No.313, Ward 12-B of Adipur for financial assistance. It is further alleged that the accused had submitted photocopy of the light bill, certificate of Hariom Builders issued on 2.4.2001 as well as the affidavit dated 20.6.2001. On the basis of the application and supporting documents submitted by the accused, the Additional Collector, Gandhidham by an order dated 25.6.2001 sanctioned the financial assistance to the tune of Rs.1.75 lacs each and first installment of Rs.70,000/- was granted. As per the resolution dated 30.8.2001 issued by the Revenue Department, 90% of financial assistance was to be provided from mobilization funds and therefore the amount of Rs.87,500/- came to be sanctioned by Additional Collector, Gandhidham on 28.12.2001. Thus, the amount of Rs.1,57,500/- was paid by cheques to the applicants-accused. The accused had submitted the indemnity bond and also stated on oath about their occupying the flat from June, 1998. It was also stated that the applicants nor their family members were builders and promoters of the said apartment. It was also mentioned in the said indemnity bond and affidavit that the applicants are not possessing any other house in their name or in the name of their family members except the aforesaid flat.

(3.) It is further alleged that one Shankar Hargovind Advani of Adipur had submitted written application on 21.2.2003 wherein it was alleged that the applicants-accused had obtained financial assistance on the basis of false evidence and in fact they are actually sons of the builder. On the basis of the said application received by the aforesaid person, the Additional Collector issued notice to the applicantsaccused, however, they did not remain present on the date of hearing and therefore the Additional Collector passed an order on 2.3.2003 and cancelled the order of granting financial assistance. It is further alleged that though notices were issued to the applicants-accused for deposit of the aforesaid amount, such amount was not deposited and therefore the impugned FIR came to be filed on 24.11.2011.