ANAND SWAROOP SHARADCHANDRA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application has been preferred by the petitioner,who is a Medical Doctor by profession, with the following prayers:

(2.) RULE was issued on 12 -2 -2004, and interim relief in terms of para 10(b) was granted till further orders.

(3.) THE facts of the present case are peculiar, inasmuch as a complaint has been filed by the respondent No.2, who is the mother, against the petitioner, who is her only son. The background facts, which led to the filing of the complaint, are that on 28 -1 -2004 respondent No.2 Smt.Suratdasi Jivabhai Bhagat, filed a complaint in Nadiad Town Police Station, which was registered as C.R.No.I -44 of 2004 against her only son i.e. the petitioner. It is stated in the complaint that the respondent No.2 stays in America and the petitioner is a resident of Vadodara. Being a Medical Officer he was, at the relevant point of time, serving at Surat. The allegation against the petitioner is that he is purported to have prepared a bogus Power of Attorney, in connivance with one Valibhai Haji Hasanbhai Vohra, who is the accused No.2. The two witnesses who appended their signatures upon the said Power of Attorney are Sattar Hasambhai Vora and Ilias Haji Gulamnabi Vohra, who are shown as accused Nos.3 and 4 respectively. It is stated in the complaint that on 28 -1 -2004, the petitioner, in connivance with the accused Nos.2,3 and 4 was in the process of selling land bearing Survey No.36R,situated at Village Kanjri,District Kheda which belonged to the complainant to one Govindlal Maneklal Shah on the basis of the said Power of Attorney, which was presented to the Sub -Registrar at Nadiad. It is alleged that the land in question is in the possession of the complainant and she has not given the petitioner any Power of Attorney in respect of the same. That without her consent, the petitioner has prepared a fake Power of Attorney, on a stamp paper worth Rs.100/ -, keeping in view the fact that the complainant was due to return to America shortly, and has presented the fabricated document before the Sub -Registrar,Nadiad and, therefore, the petitioner has committed offences punishable under Section 465, 466,467,468,471,420,504,506(2) and 114 of the Indian Penal Code.