LABHUBHAI RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since the issues involved in all the captioned three applications are inter­related and the challenge is also to the proceedings of a self­ same case, those were heard analogously and are being disposed of by this common judgment and order.

(2.) By these three applications under Section­482 of the Code of Criminal Procedure, 1973, the applicants­original accused persons seek to invoke the inherent powers of this Court praying for quashing of the proceedings of Criminal Case No.1493 of 2014 pending before the Court of the learned Metropolitan Magistrate, Court No.20, Ahmedabad, arising from the F.I.R. being C.R. No.I­231 of 2014 filed before the Odhav Police Station, Ahmedabad, for the offence punishable under Sections­406, 420, 467, 468, 120B r/w.114 of the I.P.C.

(3.) The case of the prosecution may be summarized as under:­ 3.1 The original first informant is one Jagdishbhai Surendrabhai Desai i.e. the respondent no.2 herein. The dispute pertains to land bearing survey nos.152­A, 152­B, 153 paikee admeasuring 46,136 sq.mtrs. situated at Village­Nikol, District­Ahmedabad, The original owner of the parcels of land was the applicant of the Criminal Misc. Application No.18228 of 2016 viz. Nareshbhai Prahladbhai Modi. On 31/01/1991, about 15,000 sq. yards land from the survey No.153 paikee was sold by Nareshbhai Prahladbhai Modi to the Jeevandhara Co. Op. Housing Society (Proposed) under a Banakhat registered on 31/01/1991. One Madhubhai Popatbhai Vasani was the Chairman of the said Society. On 28/04/1992 Madhubhai Popatbhai Vasani purchased land from the survey Nos.152­A, 152­B and 153 admeasuring 46,131 sq. mtrs vide registered agreement to sale on behalf of the Partnership Firm. One Batukbhai Popatbhai Patel was one of the partners of the said firm.