BHARATBHAI LALABHA BHANDARI Vs. STATE OF GUJARAT
LAWS(GJH)-2020-10-303
HIGH COURT OF GUJARAT
Decided on October 21,2020

Bharatbhai Lalabha Bhandari Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") the applicant prays for quashing and setting aside the F.I.R. being C.R.No.I-171 of 2008 registered with Vapi Town Police Station, District Valsad for the offence punishable under Sections 406 , 420 , 465 , 466 , 467 , 468 , 469 , 471 , 161 , 191 , 204 , 192 , 193 and 114 of the Indian Penal Code, 1860 ( IPC ).
(2.) Despite service of notice of rule, the respondent no.2 has chosen not to appear before this Court.
(3.) The brief facts of the present case are as follows: 3.1 The accused nos.1 and 2 have illegally transferred the land of the first informant in their names. The accused nos.3 to 17 are the co-owners of the land in question and accused nos.18 to 21 are the revenue officers of the Mamlatdar Office, Pardi. The accused no.22 is the Talati-cum- Mantri of Balitha. The land in question is an agricultural land having Khata No.234, situated at Village Balitha, Taluka Pardi, Dist.Valsad of five different survey numbers, as stated in the FIR. The first informant has stated that there had been no transaction by either him or other co- owners for selling the lands. The said co-owners are not even the members of the family, despite that they have falsely signed on behalf of the family members of the first informant and thereby have created a forged sale deed. The sale deed is executed by the accused no.2-Bhavesh Lalji Patel, as the power of attorney holder in favour of the accused no.1- Neelam Bhavesh Patel i.e. his wife. The sale deed was duly registered. The accused no.2 alleges that the accused nos.18 to 22 are the revenue officers and they colluded with the main accused nos.1 and 2 and in that manner the transaction of the registered sale deed no.4168 was given effect in the revenue records by mutation of entries.;


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