High CourtsSingle Bench(2021) 10 GUJ CK 0057

Raghubhai Becharbhai Bharwad vs State Of Gujarat & 1 Other(S)

Gujarat High Court · Decided on 22 October 2021

HON’BLE JUDGES
Ilesh J. Vora, J
CASE NUMBER
R/Criminal Misc.Application No. 18470 Of 2021

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Judgment

7 paragraphs · 220 words

Ilesh J. Vora, J

1.

Heard Mr. Tejas P. Satta, learned advocate for the applicant.

2.

Mr. Satta, learned advocate for the applicant was permitted to produce copy of power of attorney vide order dated 20.10.2021. Today, he has produced copy of sale-deed and power of attorney, which are ordered to be taken on record.

3.

By way of this application, the applicant, inter alia, challenges the FIR registered with Tarapur Police Station, District: Anand for the offences punishable under Sections 120B, 465, 467, 468 and 471 of IPC.

4.

As per the allegations made in the complaint, it is alleged that the accused named in the FIR have created a false power of attorney of the complainant and had sold the land by executing sale-deed on 24.08.2017 to the present applicant. The record indicates that the applicant is a bonafide purchaser and has sold the land in two parts by way of executing sale-deeds. Thus, prima-facie, it appears that the name of the present applicant has been disclosed with some ulterior motive. Thus, the matter deserves consideration.

5.

Let notice be issued returnable on 24.02.2022. Learned APP waives service of notice for and on behalf of the respondent-State.

6.

Meanwhile, there shall be no charge-sheet without prior permission of this Court qua the present applicant. However, investigation may continue.