J.B. Pardiwala, J. - (1.) This is an application under section 439(2) of the Cr.P.C., 1973 at the instance of the original first informant for cancellation of anticipatory bail granted in favour of the respondent No.2 herein-original accused by the Addl. Sessions Judge, City Sessions Court, Court No.13, Ahmedabad in connection with a first information report registered with the Krishnanagar Police Station, District: Ahmedabad bearing C.R. No.I-210 of 2017 for the offence punishable under sections 406, 420, 467, 468, 471 read with 114 of the Indian Penal Code.
(2.) As this is an application for cancellation of anticipatory bail granted by the Sessions Court, let me first look into the case of the prosecution. The first information report, referred to above, is extracted hereunder; My name is Mangiram Gangaram Mali, Aged: 48, Occupation: Business, residing at: House No.17, Sadguru Homes, Beside Baroda Express High Way, Nr. Shree Nand City, New Maninagar, Ramol, Ahmedabad. Mobile No.9825182814. Upon being asked personally, I state that, I am residing at the above mentioned address with my family. I possess the shop named Mahalaxmi Trading Company at: 1-Radhe Industrial Estate, Nr. Nika-tube Cross Road, Phase-4, GIDC, Vatva where I have been doing a business of Iron Scrap for the last fifteen years. Having come personally, I declare and state the fact of my complaint that, my land bearing survey No.212/1/2 admeasuring to 0-23-27 Hector-Are-Sq.Mt., is situated in the fenced plot beside Maniba School, Sardar Chowk, which was jointly purchased in 2008 by me and my partner Prakashraj Sheshamalji Jain and Sunny Prakashraj Jain both residing at:33, Thakorbhai Tower, Nr. Law Garden, Elisbridge, Ahmedabad from Bhagvatiprasad Bhimbhai Dave after executing a sale deed of Rs. Four lakhs and Rs.74051 for the Stamp Duty. Its original Sale Deed bearing registration No.6681/2008, dated: 23/07/2008 was kept with my partner Prakashraj Jain and the possession of this land was with us. Thereafter, in March-2016, having verified online about our land of the above Survey Number, we came to know that the land of aforesaid survey number purchased by us was transferred in the name of Ashok Babulal Mali. Therefore, when I talked about this with my partner Prakashraj Sheshamalji Jain, he told me that, this land has not been sold to anybody. Upon stating so, I went to his office and inquired about the same. He stated me that our partner: Gangaram Hemtaji Mali has stated me to execute power of attorney in favour of his son Kamlesh to develop the aforesaid land, to look after it and to convert it into N.A. Therefore, I had given consent for the same and Gangaram prepared draft of power of attorney and had sent it for my perusal. There was no mention in it regarding sale of the said land and it was correct. Later on, Gangaram got power of attorney prepared favouring his son Kamlesh Gangaram Mali and sent Krishnanand Satyaprakash Pande, working in his office to my office for my signature with notary register. I had put my signatures in the said power of attorney and in the said notary register and as it was not bearing your signature, I asked about the same to Krishnanand Pande and he stated that we will get signature of Mangilal done. Upon saying so, I had sent him for the signature of my son - Sunny to his factory at Odhav. Sunny had also put his signature in it. I had stated to the said Prakashraj that I had not made any signature or thumb impression in any power of attorney. Thus, the said Gangaram and his son Kamlesh have sold our aforesaid land to Ashok Babulal Mali, Residing at: 63/494, Chamanpura, Asarwa, Kalapinagar, Ahmedabad on the basis of power of attorney bearing fake signature and fake thumb impression through Sale Deed No. 2396/14. Thereafter, I had approached my advocate for the said land and he got the copies of records and looking to the power of attorney, it was registered at Sr.No. 0012/2013 in the register of Notary Mr. Asvhin V. Modi on 14/02/2013. Looking to the said power of attorney, my fake singature and thumb impression were put by the accused and without giving a single penny towards consideration of the said land, both had sold the said land directly against our knowledge in collusion with each other. Therefore, during the year 2013 to March-2016, the aforesaid accused, either in their office situated at Krushnanagar, Sardar Chowk or at any other place, by stating to develop the said land and to look after the said agricultural land admeasuring Hector-Are-Sq. Mts. 00-23- 27 of Survey No.212/1/2 of Moje: Saijpur-Bogha and Taluka: Asarva belonging to us and by taking our partner: Prakash into confidence, had prepared power of attorney in the name of Kamlesh Gangaram Mali and obtained signatures of my partners therein and affixed fake forged signature and thumb impression, though knowing it was false, used it as true and against our knowledge, they sold the said land to Ashok Babubhai Mali directly and had not given us any amount towards consideration. Thus, all the accused in collusion with each other, have committed cheating with me and my partners. Therefore, I give complaint to take legal action against aforesaid accused and others, whoever reveals during investigation. My witnesses are my partners Prakashraj, Sunnybhai and others, whoever reveals during police investigation. Aforesaid complaint is true and correct as per my dictation and I have received copy of my complaint.
(3.) It appears that as the police initially was not inclined to register the first information report, the applicant herein had to come before this Court by filing the Special Criminal Application No.8912 of 2016 with a prayer for appropriate directions to the police to consider his compliant for the purpose of registration of the first information report. This Court, by an order dated 22nd November, 2016, directed the police to look into the complaint of the applicant herein and take a decision whether the same disclosed commission of a cognizable offence or not.;