DEEPAKBHAI DURGASHANKAR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the respondents waive service of Rule on behalf of the respective respondents.

(2.) The applicants by way of preferring the present applications, seek to challenge the FIR being I-45/2015 registered at Vijapur Police Station for the offences punishable under Sections 465, 468, 471, 506(2), 120(B) and 114 of Indian Penal Code, 1860 by way of invoking the inherent power vested to this Court under the Provisions of Section 482 of the Code of Criminal Procedure, 1973 since the applicants have been wrongly arraigned as accused persons.

(3.) The contents of the impugned FIR reveals that the accused persons jointly in collusion with each, hatched a conspiracy and thereby created forged documents of the complainant and other farmers and without being brought into their knowledge, tried to sell the land, and the original accused, without verifying the same, published an advertisement into the news paper Sandesh, there after the complainant came to know about the advertisement and therefore approached the accused persons, and upon asking and inquiring the accused persons they informed them that they have purchased the land by way of power of attorney. However, the complainant possesses the land around 10 vighas in the vicinity of the village "Vajapur" and the complainant earns his livelihood out of the earning from the said land and its cultivation.