IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K.M. THAKER, J.
HUSSAINBEG HAYATBEG MIRZA & 3....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
CRIMINAL MISC.APPLICATION NO. 15051 of 2012
Decided on : 05/12/2012
Code of Criminal Procedure –Section 482 – Penal Code – Sections 465, 467, 468, 471 and 114, 406, 420, 120(B) – Land Grabbing Act – Sections 3, 7 and 10 – Quash FIR – Present application preferred under Section 482 of Code of Criminal Procedure, the applicants have prayed to quash and set aside Criminal Complaint registered with Police Station and to stay further investigation in respect to Criminal Complaint registered with Police Station – Held, It cannot be said that the case has been instituted maliciously or with ill-intention of causing harassment to the applicants and it also cannot be assumed at this stage that the complainant aims to abuse of process of law or that there are no ingredients or elements of criminal offence – it cannot be said that the applicants have made out a case to interfere with and/or terminate the investigation at its threshold or to stay the investigation – Court would be loath, at this stage, to terminate or stay the investigation procedure further – Application Disposed of (Paras 14, 15, 16, 17)
1. In present application preferred under Section 482 of Code of Criminal Procedure, the applicants have prayed, inter alia, that:
(a) YOUR LORDSHIPS may be pleased to quash and set aside Criminal Complaint being FIR No.I-164 of 2012 registered with Olpad Police Station dated 15.10.2012;
(b) Pending admission and final hearing of this petition, YOUR LORDSHIPS may be pleased to stay further investigation in respect to Criminal Complaint being FIR No.I-164 of 2012 registered with Olpad Police Station dated 15.10.2012.
2. The applicants claim that the criminal complaint being FIR No.I-164/2012 registered with Olpad Police Station may be quashed. This application was posted for hearing on 29th November 2012 when Mr. Kanojiya, learned counsel for petitioner was heard at length. However, due to paucity of time, the order could not be dictated on 29th November 2012. Therefore, the petition was, for the said purpose, adjourned to today. Present order is passed having regard to the submissions made by Mr. Kanojiya, learned counsel for petitioner and the details mentioned in the application and the material available on record.
3. In present complaint, the complainant has alleged commission of offence punishable under Sections 465, 467, 468, 471 and 114 of Indian Penal Code.
4. On perusal of copy of the complaint placed on record of present application it emerges that the names of applicants are specifically and expressly mentioned in the complaint as the accused persons.
4.1. It also emerges from the complaint/FIR and the record of present application that the complaint/FIR appears to have been filed on 13.10.2012.
4.2. The complainant i.e. respondent no.2 has alleged, inter alia, that the four accused persons have, as part of conspiracy to illegally grab the complainant s property, forged certain documents and with help of such forged documents illegally got their names entered into the revenue record and the said bogus entries in revenue record which the accused persons got entered into with help of forged documents, have been set aside by the competent revenue authority.
4.3. It also appears from the record that on or around 21.02.2012, the complainant had submitted an application alleging commission of offence punishable under Sections 406, 420, 467, 468, 471, 120(B) of Indian Penal Code and Sections 3, 7 and 10 of Land Grabbing Act against present accused persons and had requested to initiate appropriate proceedings against the accused persons.
4.4. It also appears from the record that present applicant no.2 and other two persons had taken out writ petition being Special Civil Application No.6757 of 2012 in connection with the show cause notice issued by the Collector, however, the said petition was sought to be withdrawn and was allowed to be withdrawn under order dated 08.05.2012.
4.5. It also appears from the record that suo motu proceedings were initiated by the competent authority in connection with the revenue entries made in revenue record in relation to the land bearing Block No.66 (i.e. the property in question). The said suo motu proceedings were registered as Case No.RTS/Suo Motu/Atodra/case No.4/2012
4.6. In the said proceedings vide order dated 06.08.2012 the Collector has ordered that the revenue entries Nos. 1890 and 2264 as well as revenue entries Nos. 2512 and 2524 should be set aside.
4.7. It is alleged by the complainant that the applicants (accused persons) got the said entries (which have been ordered to be set aside by the competent authority vide order dated 06.08.2012)entered into the revenue record with the help of disputed documents, which, according to the complainant, are forged and fabricated.
4.8. The respondent No.2 submitted an application alleging commission of offence punishable under Sections 406 and 420, to the Collector against the applicants. The applicants have claimed that the order dated 06.08.2012 passed by the Collector has been carried in Revision Application before the Revisional
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