KUSUMBEN KANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been preferred u/s. 482 of the Code of Criminal Procedure praying to quash the complaint being Criminal Case No.55/2001 filed by respondent no.2 herein with the Court of learned J.M.F.C., Ankleshwar and the process issued thereon.

(2.) THE facts in brief are that on 15.05.2001 respondent no.2 herein filed a private complaint against the petitioners herein with the Court below inter alia alleging that the petitioners, in connivance with each other, forged a registered sale document dated 20.12.1973 in respect of immovable property that belonged to the grand-mother of the complainant by preparting a false power of attorney document. On the said complaint, the Court below ordered issuance of process against the petitioners. Being aggrieved by the same, the petitioners have preferred the present petition u/s.482 of the Cr.P.C.

(3.) CONSIDERING the long delay of about 28 years in filing the complaint and the principle laid down in Bhajanlal's case (supra), I find this a fit case wherein the inherent powers of this Court could be exercised in favour of the petitioners.