MANGILAL GANGARAM MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, herein, is the original complainant, who has preferred the present petition under Article 226 of the Constitution of India read with Section 482 of the Code, challenging the legality, validity and propriety of the order dated 03.04.2018, passed by the learned Addl. Chief Metropolitan Magistrate, Court No. 18, Ahmedabad, in connection with the FIR being I-C.R. No. 210/2017, registered with Krushnanagar Police Station, Ahmedabad, under Sections 406, 420, 467, 468, 471 and 114 of the Indian Penal Code, 1860, whereby, it rejected the application preferred by the IO for custodial remand of original accused Nos. 1 and 2, respondent Nos. 3 and 4, herein.

(2.) It is alleged by the original complainant- petitioner, herein, that the original accused Nos. 1 and 2, in connivance with each other, have managed to sell the land belonging to the petitioner and two other partners to original accused No.3, who happens to the relative of the original accused Nos. 1 and 2 on the basis of the bogus, forged and fabricated power-of-attorney by executing the same with the fake signature and thumb impression of his. This conspiracy is alleged to have been hatched to grab the land being bearing Survey No. 212/1/2, admeasuring 0-23-27 sq.mts., situated at Mauje: Saijpur Bogha, Asarva, Ahmedabad (in short, 'the said land'), which has present market value to the tune of Rs.5/- to Rs.6/- crore.

(3.) It is in this background, the petitioner is before this Court, challenging the order of rejection of remand dated 03.04.2018, with the following prayers: