KHATIJABANU PIRUKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It is in connection with the First Information Report bearing Crime Register No.I-14 of 2017 registered with Mundra Police Station, Kutchh (West) on 30.01.2017 against the present applicant-accused for the offences under Sections 395, 506(2), 507, 397, 120(b) of the Indian Penal Code, 1860, and Section 135 of the Bombay Police Act, 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 are in respect of the land survey no.459/10 for which a succession entry No.500, was mutated, it was subsequently canceled. It is further alleged that despite that, the accused showing herself as one of the heirs, transacted in respect of the land on the basis of the said entry No.500, which was no more in existence. The applicant purchased the land which was subsequently sold.