YUVRAJSINH RANJITSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under section 482 of CR.P.C., 1973 for quashing of FIR No. I/77 of 2017 registered with Karjan Police Station, Vadodara for offences under Sections 406, 409, 420, 465, 466, 467, 468, 471 and 120(B) of the Indian Penal Code.

(2.) The offences are pertaining to a transaction of a land, which according to the complainant is their ancestral property and by executing certain documents behind the back of the original owners and with the help of the Government Officers which include the Talati Cum Mantri and Circle Officers of the Mamlatdar and a Notary, false documents have been created and mutation entry no. 3192 was made in favour of the co-accused persons.

(3.) Learned advocate for the applicant submits that the applicant is arraigned as an accused no.8 and in the entire FIR, the only role attributed to the applicant is that he has signed as a witness in "Sammati Lekh", which was made for the purpose of getting electric connection. It is submitted that the applicant has not signed or witnessed execution of any documents, which are pertaining to the transfer of right into the property and/or causing the mutation in the revenue record. Learned advocate for the applicant took this Court to two documents, one being the "Sammati Lekh" which bears the signature of the applicant as a witness and another being the document pertaining to entering the name. It is submitted that it is the case of the complainant in the FIR that the document which is for entering the name is false document which is though alleged to have been signed by the relatives of the informant, but actually none of the relatives have put their signature on this document. This document can be considered to be the document which has created or extinguished a right in the property in question. The submission is that this document does not bear the signature of the applicant.