VINUBHAI HARIBHAI MALAVIYA Vs. STATE OF GUJARAT
LAWS(SC)-2019-10-51
SUPREME COURT OF INDIA
Decided on
October 16,2019
Vinubhai Haribhai Malaviya
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
BHAGWANT SINGH VS. COMMISSIONER OF POLICE AND ANR. [REFERRED TO]STATE OF MAHARASHTRA VS. SHARADCHANDRA VINAYAK DONGRE [REFERRED TO]
HEMANT DHASMANA VS. CBI AND ANR. [REFERRED TO]
ABHINANDAN JHA ROOPCHAND LAL VS. DINESH MISHRA:STATE OF BIHAR [REFERRED TO]
DEVARAPALLI LAKSHMINARAYANA REDDY VS. V NARAYANA REDDY [REFERRED TO]
TULA RAM VS. KISHORE SINGH [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
KAMLAPATI TRIVEDI VS. STATE OF WEST BENGAL [REFERRED TO]
RAM LAL NARANG OM PRAKASH NARANG VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED TO]
BHAGWANT SINGH VS. COMMISSIONER OF POLICE [REFERRED TO]
INDIA CARAT PVT LIMITED VS. STATE OF KARNATAKA [REFERRED TO]
COMMISSIONER OF POLICE DELHI VS. REGISTRAR DELHI HIGH COURT NEW DELHI [REFERRED TO]
COMMON CAUSE" A REGISTERED SOCIETY DIRECTOR VS. UNION OF INDIA [REFERRED TO]
RANDHIR SINGH RANA VS. STATE DELHI ADMINISTRATION [REFERRED TO]
UNION PUBLIC SERVICE COMMISSION VS. S PAPAIAH [REFERRED TO]
HEMANT DHASMANA VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
STATE OF ORISSA VS. MAHIMA MAHIMANANDA MISHRA [REFERRED TO]
HASANBHAI VALIBHAI QURESHI VS. STATE OF GUJARAT [REFERRED TO]
MOHD YOUSUF VS. AFAQ JAHAN [REFERRED TO]
MINU KUMARI VS. STATE OF BIHAR [REFERRED TO]
SASI THOMAS VS. STATE TAMIL NADU [REFERRED TO]
DILAWAR SINGH VS. STATE OF DELHI [REFERRED TO]
SAKIRI VASU VS. STATE OF U P [REFERRED TO]
RAM NARESH PRASAD VS. STATE OF JHARKHAND [REFERRED TO]
RAMA CHAUDHARY VS. STATE OF BIHAR [REFERRED TO]
KISHAN LAL VS. DHARMENDRA BAFNA [REFERRED TO]
REETA NAG VS. STATE OF WEST BENGAL [OVERRULED]
SAMAJ PARIVARTAN SAMUDAYA VS. STATE OF KARNATAKA [REFERRED TO]
VINAY TYAGI VS. IRSHAD ALI @ DEEPAK [REFERRED TO]
SIVANMOORTHY VS. STATE [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [REFERRED TO]
POOJA PAL VS. UNION OF INDIA AND ORS. [REFERRED TO]
AMRUTBHAI SHAMBHUBHAI PATEL VS. SUMANBHAI KANTIBHAI PATEL & ORS. [OVERRULED]
ATHUL RAO VS. STATE OF KARNATAKA [OVERRULED]
ROMILA THAPAR AND ORS VS. UNION OF INDIA AND ORS [REFERRED TO]
BIKASH RANJAN ROUT VS. STATE THROUGH THE SECRETARY (HOME), GOVERNMENT OF NCT OF DELHI, NEW DELHI [OVERRULED]
Cited Judgements :-
S.LAKSHMIPATHY VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2024-2-84] [REFERRED TO]MADHUCHANDA SAHA VS. MAMATA SAHA [LAWS(TRIP)-2021-4-6] [REFERRED TO]
PARAMRAJ SINGH UMRANANGAL VS. STATE OF PUNJAB [LAWS(P&H)-2021-3-28] [REFERRED TO]
GOLDY RAJIV SANTHOJI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2021-5-17] [REFERRED TO]
MIRZA DAWOOD BAIG VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-4-68] [REFERRED TO]
ABHAY GUPTA VS. STATE OF U.P. [LAWS(ALL)-2023-12-29] [REFERRED TO]
HAKIM VS. STATE (NCT OF DELHI) [LAWS(DLH)-2022-10-207] [REFERRED TO]
TAHIR HUSSAIN VS. ASSISTANT DIRECTOR ENFORCEMENT DIRECTORATE [LAWS(DLH)-2022-11-164] [REFERRED TO]
BRINDA KARAT VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-6-89] [REFERRED TO]
JOHN M.KURIAKOSE VS. DISTRICT POLICE CHIEF [LAWS(KER)-2020-7-163] [REFERRED TO]
MELATHARU MINING COMPANY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-5-166] [REFERRED TO]
PRAMOD CHANDRA GUPTA VS. STATE OF U.P. [LAWS(ALL)-2022-12-9] [REFERRED TO]
AJAY KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2021-9-60] [REFERRED TO]
MOHAR SINGH VS. NARCOTICS CONTROL BUREAU [LAWS(HPH)-2022-4-32] [REFERRED TO]
P. GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2022-3-13] [REFERRED TO]
JAYDEEP DILIP TAWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-10-60] [REFERRED TO]
ALOK JOSHI VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2019-12-189] [REFERRED TO]
K. VADIVEL VS. K. SHANTHI [LAWS(SC)-2024-9-77] [REFERRED TO]
UNION OF INDIA VS. MOHAMMED IQBAL [LAWS(MAD)-2021-12-106] [REFERRED TO]
RAVI VS. INSPECTOR OF POLICE [LAWS(MAD)-2021-8-157] [REFERRED TO]
PURVI VISHAL PAREKH VS. STATE OF GUJARAT [LAWS(GJH)-2023-3-649] [REFERRED TO]
BIJU KURIAKOSE VS. STATE OF KERALA [LAWS(KER)-2020-3-250] [REFERRED TO]
GIRISHBHAI REVASHANKAR JOSHI VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-417] [REFERRED TO]
SHIV SHAMBHU SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2019-12-60] [REFERRED TO]
SIMARJEET SINGH BAINS VS. STATE OF PUNJAB [LAWS(P&H)-2022-6-79] [REFERRED TO]
ARUN P. GIDH VS. CHANDRAPRAKASH SINGH [LAWS(BOM)-2024-4-11] [REFERRED TO]
RAMESH ABHISHEK VS. NATIONAL SPOT EXCHANGE LTD [LAWS(BOM)-2023-6-458] [REFERRED TO]
POONAM MADHA PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-1387] [REFERRED TO]
TASLIMA VS. STATE OF U.P. [LAWS(ALL)-2022-2-104] [REFERRED TO]
NUSRAT AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-1-589] [REFERRED TO]
ANCHAL ADHIKARY VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-52] [REFERRED TO]
SHRIKANT MOHTA VS. REPUBLIC OF INDIA [LAWS(ORI)-2020-12-41] [REFERRED TO]
MANBAHALA MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-7-57] [REFERRED TO]
MAHESH AGARWAL VS. UNION OF INDIA [LAWS(JHAR)-2022-4-19] [REFERRED TO]
PRAVEEN K. P. VS. STATE OF KERALA [LAWS(KER)-2023-8-233] [REFERRED TO]
TOLAPURI GURU TEJPURI SWAMI VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-45] [REFERRED TO]
UDAY RAJGARHIA VS. STATE OF U.P. [LAWS(ALL)-2023-8-31] [REFERRED TO]
MANISHABEN VRAJLAL THAKKAR VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-109] [REFERRED TO]
V.RAMACHANDRAN VS. STATE BY DIRECTOR GENERAL OF POLICE, HEAD OF POLICE FORCE, TAMIL NADU [LAWS(MAD)-2022-10-152] [REFERRED TO]
AJIT KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2023-6-3] [REFERRED TO]
AJAY KUMAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2021-1-35] [REFERRED TO]
MPS GREENERY DEVELOPERS LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-1] [REFERRED TO]
MEKALA MADHUSUDHAN REDDY VS. DIRECTOR GENERAL OF POLICE [LAWS(APH)-2020-9-120] [REFERRED TO]
STATE OF KERALA VS. XXXX / P.GOPALAKRISHNAN @ DILEEP [LAWS(KER)-2022-7-6] [REFERRED TO]
LUCKOSE ZACHARIAH @ ZAK VS. JOSEPH JOSEPH [LAWS(SC)-2022-2-102] [REFERRED TO]
STATE VS. HEMENDHRA REDDY [LAWS(SC)-2023-4-136] [REFERRED TO]
SUJAN SUTRADHAR VS. STATE OF TRIPURA [LAWS(TRIP)-2019-12-25] [REFERRED TO]
DILSHAD SHEIKH VS. SABHA SHEIKH [LAWS(J&K)-2023-9-45] [REFERRED TO]
AKIL AHMED ANSARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-8-32] [REFERRED TO]
GOLLA SYAMALA VS. STATE OF A.P. [LAWS(APH)-2022-6-16] [REFERRED TO]
HARSHAL KAILASHRAO ZAREKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-6-259] [REFERRED TO]
VINOD KUMAR VS. STATE OF U.P [LAWS(ALL)-2021-2-142] [REFERRED TO]
RESHAM SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2021-10-143] [REFERRED TO]
SURENDRA BABU VS. STATE OF KERALA [LAWS(KER)-2023-4-7] [REFERRED TO]
KOLI GOVINDBHAI LAKHMANBHAI VAJA VS. STATE OF GUJARAT [LAWS(GJH)-2022-11-261] [REFERRED TO]
RAM UDAGAR MAHTO VS. STATE [LAWS(DLH)-2021-9-261] [REFERRED TO]
MOTILAL SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-4-60] [REFERRED TO]
LATIFUR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-1-73] [REFERRED TO]
SOMESH DASGUPTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-5-37] [REFERRED TO]
SIULI CHOUDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-9-14] [REFERRED TO]
GANESAN VS. SHO, DISTRICT CRIME BRANCH [LAWS(MAD)-2022-7-1] [REFERRED TO]
DHARAM SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(P&H)-2021-9-18] [REFERRED TO]
NAZIR AHMAD GANAIE VS. STATE OF J&K [LAWS(J&K)-2022-4-101] [REFERRED TO]
ENFORCEMENT DIRECTORATE VS. GAUTAM KUNDU [LAWS(GAU)-2023-7-13] [REFERRED TO]
MERAJ VS. STATE OF U. P. [LAWS(ALL)-2021-7-241] [REFERRED TO]
RAKESH KUMAR AWASTHI VS. STATE OF U. P. [LAWS(ALL)-2024-2-173] [REFERRED TO]
V. RAJEENDRANATH VS. STATE OF KERALA [LAWS(KER)-2021-8-30] [REFERRED TO]
SAMUAL JAMES VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-4-17] [REFERRED TO]
R. SANKARASUBBU VS. COMMISSIONER OF POLICE [LAWS(MAD)-2021-2-375] [REFERRED TO]
RAJ PATHAK @ SONAM VS. STATE OF HARYANA [LAWS(P&H)-2019-12-192] [REFERRED TO]
RAMCHANDRA & ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-3-47] [REFERRED TO]
POOJAGURINDER KAUR KAINTH VS. STATE OF PUNJAB [LAWS(P&H)-2023-6-74] [REFERRED TO]
SHUBHAM SATYANIWAS ARJUNWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-73] [REFERRED TO]
RAMESH CHANDRA MISHRA VS. UNION OF INDIA [LAWS(ALL)-2021-12-111] [REFERRED TO]
RAM BABOO BANSAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-11-21] [REFERRED TO]
PANNALAL ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-167] [REFERRED TO]
PRAVINSINH NRUPATSINH CHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2022-12-1854] [REFERRED TO]
BIJU R VS. STATE OF KERALA [LAWS(KER)-2024-7-134] [REFERRED TO]
TOHSIF VS. STATE OF HARYANA [LAWS(P&H)-2021-2-6] [REFERRED TO]
MANDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-10-168] [REFERRED TO]
SUBHASH CHANDER VS. STATE OF HARYANA [LAWS(P&H)-2020-2-364] [REFERRED TO]
ARUN RAMCHANDRAN PILLAI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2024-6-29] [REFERRED TO]
ABHUJI VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-184] [REFERRED TO]
HEMALATHA VS. STATE OF KERALA [LAWS(KER)-2024-1-109] [REFERRED TO]
SANDEEP SUNIL KUMAR LOHARIYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-421] [REFERRED TO]
JUDGEMENT
R.F. Nariman, J. -
(1.)This case arises out of a First Information Report (hereinafter referred to as FIR) that was lodged on 22.12.2009. The FIR is by one Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, who are allegedly residing at UK or USA. The gravamen of the complaint made in the FIR is that one Vinubhai Haribhai Malaviya is blackmailing these two gentlemen with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. The FIR alleges that Ramanbhai Patel and Shankarbhai Patel are absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975. The FIR then narrates that because of a recent price-hike of lands in the city of Surat, the heirs of Bhikhabhai and Bhikiben together with Vinubhai Haribhai Malaviya and Manubhai Kurjibhai Malaviya have hatched a conspiracy in collusion with each other, and published a public notice under the caption Beware of Land-grabbers in a local newspaper on 07.06.2008. Sometime thereafter, Vinubhai Haribhai Malaviya then contacted an intermediary, who in turn contacted Nitinbhai Patel (who lodged the FIR), whereby, according to Nitinbhai Patel, Vinubhai Malaviya demanded an amount of Rs. 2.5 crores in order to settle disputes in respect of this land. It is alleged in the said FIR that apart from attempting to extort money from the said Nitinbhai Patel, the heirs of Bhikhabhai and Bhikiben together with Vinubhai Haribhai Malaviya and Manubhai Kurjibhai Malaviya have used a fake and bogus 'Satakhat' and Power-of-Attorney in respect of the said land, and had tried to grab this land from its lawful owners Ramanbhai and Shankarbhai Patel.
(2.)The background to the FIR is the fact that one Khushalbhai was the original tenant of agricultural land, bearing Revenue Survey No.342, admeasuring 2 Acres, 2 Gunthas, situated at Puna (Mauje), Choriyasi (Tal), District Surat. Khushalbhai died, after which his son Bhikhabhai became tenant in his place. Bhikhabhai in turn died on 23.12.1984 and his wife Bhikiben died on 18.12.1999. A public notice dated 07.06.2008 was issued in 'Gujarat Mitra' and 'Gujarat Darpan Dainik' by the heirs of Bhikhabhai, stating that Ramanbhai and Shankarbhai Patel are land-grabbers, and are attempting to create third-party rights in the said property. This led to the legal heirs of Bhikhabhai, through their Power-of-Attorney holder, applying on 12.06.2008 to the Collector, Nanpura (Surat), to cancel revenue entries that were made way back in 1976.
(3.)Pursuant to the filing of the FIR, investigation was conducted by the police, which resulted in a charge-sheet dated 22.04.2010 being submitted to the Judicial Magistrate (First Class), Surat. On 23.04.2010, the said Magistrate took cognizance and issued summons to the accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of the Indian Penal Code, 1860 (hereinafter referred to as IPC). Pursuant to the summons, the accused appeared before the said Magistrate. On 10.06.2011, an application (Exhibit 28) was filed by Accused No.1 Vinubhai Haribhai Malaviya for further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) and another application (Exhibit 29) for discharge. Likewise, on 14.06.2011, applications for further investigation (Exhibit 31) and for discharge (Exhibit 32) were filed by accused 2 to 6. By an order dated 24.08.2011, the Magistrate dismissed the applications that were filed for further investigation (i.e. Exhibits 28 and 31), stating that the facts sought to be placed by the applicants were in the nature of evidence of the defence that would be taken in the trial. Likewise, on 21.10.2011 the learned Magistrate also rejected the discharge applications that were made (i.e. Exhibits 29 and 32).
(2.)The background to the FIR is the fact that one Khushalbhai was the original tenant of agricultural land, bearing Revenue Survey No.342, admeasuring 2 Acres, 2 Gunthas, situated at Puna (Mauje), Choriyasi (Tal), District Surat. Khushalbhai died, after which his son Bhikhabhai became tenant in his place. Bhikhabhai in turn died on 23.12.1984 and his wife Bhikiben died on 18.12.1999. A public notice dated 07.06.2008 was issued in 'Gujarat Mitra' and 'Gujarat Darpan Dainik' by the heirs of Bhikhabhai, stating that Ramanbhai and Shankarbhai Patel are land-grabbers, and are attempting to create third-party rights in the said property. This led to the legal heirs of Bhikhabhai, through their Power-of-Attorney holder, applying on 12.06.2008 to the Collector, Nanpura (Surat), to cancel revenue entries that were made way back in 1976.
(3.)Pursuant to the filing of the FIR, investigation was conducted by the police, which resulted in a charge-sheet dated 22.04.2010 being submitted to the Judicial Magistrate (First Class), Surat. On 23.04.2010, the said Magistrate took cognizance and issued summons to the accused regarding offences under Sections 420, 465, 467, 468, 471, 384 and 511 of the Indian Penal Code, 1860 (hereinafter referred to as IPC). Pursuant to the summons, the accused appeared before the said Magistrate. On 10.06.2011, an application (Exhibit 28) was filed by Accused No.1 Vinubhai Haribhai Malaviya for further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC) and another application (Exhibit 29) for discharge. Likewise, on 14.06.2011, applications for further investigation (Exhibit 31) and for discharge (Exhibit 32) were filed by accused 2 to 6. By an order dated 24.08.2011, the Magistrate dismissed the applications that were filed for further investigation (i.e. Exhibits 28 and 31), stating that the facts sought to be placed by the applicants were in the nature of evidence of the defence that would be taken in the trial. Likewise, on 21.10.2011 the learned Magistrate also rejected the discharge applications that were made (i.e. Exhibits 29 and 32).
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