PATEL DEVABHAI RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicants/original accused under Section 482 of the Code of Criminal Procedure (for brevity "CrPC) praying to quash and set aside the complaint, being Criminal Inquiry Case No. 17 of 2011 registered with the Court of learned JMFC, Radhanpur, which is culminated in FIR registered with Radhanpur Police Station for the offence punishable under Section 406, 420 and 114 of the Indian Penal Code.

(2.) Brief facts of the case are that in pursuance of a deed of mortgage dated 25th March, 1963, the father of the complainant namely Koli Kama Mehta, mortgaged a piece of agricultural land, bearing revenue survey No. 193/2 admeasuring acre 8 guntha 25 of village Dev, Taluka: Radhanpur in favour of the father of the applicants No. 1 and 2 and grand father of the applicants No. 3 and 4 namely Ramabhai Hemrajbhai Patel for Rs. 800/-. That, the actual physical possession of the mortgaged land was handed over on the date of execution of the aforesaid deed and as per such deed, six years period was prescribed for repayment and it was further stipulated that on the repayment of mortgaged money and other amounts, the mortgagee will redeem the mortgaged property and returned the physical possession of the mortgaged property. That subsequently, mortgagor Kamabhai Methabhai received Rs. 100/-more and as such, sold the land to the mortgagee Ramabhai Hemrajbhai Patel. An entry No. 278 in the village form No. VI to that effect was mutated on 5th July, 1963. The son of Manji Hari raised an objection against the entry. That, the land in question has come in the share of Lala Rama and Lala Rama is using, occupying and cultivating the land in question since more than 30 years and accordingly entry No. 478 was mutated in village form No.VI on 10th March, 1973 and certified on 24th February 1974. In the year 1975, a proceeding u/S. 84C was initiated by the Mamlatdar and ALT, Radhanpur. But, after due inquiry, the proceedings were dropped. An entry No. 520 to that effect was mutated on 20.09.1975 in village form No.6 and it was certified. In village form No. 7/12, name of the applicant No. 3 was recorded since many years. That, notice under Section 135D of the Bombay Land Revenue Code was served upon the father of Opponent No. 2 namely Koli Kama Metha on 05th July, 1963. The statements of the mortgagor and the mortgagee were recorded on the same day by the then Talati cum Mantri, Bandhwad. That, the opponent No. 2 despite having knowledge about all these facts with, an ulterior motive, he lodged a private complaint on 20th July, 2011 alleging inter alia that the land known as Patdo, bearing Survey No. 193/2 has been mortgaged on 25th March, 1963 for Rs. 800/- and because of their weak financial condition, the land remained mortgaged. The applicants, in connivance of each other, have got the land mutated in their names as the owner. That, the amount of mortgage money was offered to the applicants, but the applicants refused to accept the same and created forged documents of title in connivance with each other. That, the actual possession and occupation of the land has remained with the applicant No. 3 all throughout and the applicants No. 1 to 4 in collusion and connivance with Talati-cum-Mantri have got the land in their name as owner and thereafter, the applicants concerned sold the land to the applicants No. 5.

(3.) Heard learned Advocate Mr. P. J. Kanabar appearing on behalf of the applicants, learned Advocate Mr. Nirad D. Buch appearing on behalf of the respondent No. 2 and learned APP Mr. Rutvij Oza appearing on behalf of the respondent No. 1.