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2013 Supreme(Guj) 112

K.M.THAKER
DOLIBEN KANTILAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR NANAVATI SENIOR COUNSEL WITH MR JAL SOLI UNWALA, ADVOCATE for the Applicant(s) No. 1
MS TRUSHA K PATEL, ADVOCATE for the Respondent(s) No. 2
MR KODEKAR APP for the Respondent(s) No. 1

JUDGEMNT

1. In present petition under Section 482 of Criminal Procedure Code (hereinafter referred to as the Code ), the petitioner has prayed that First Information Report ( FIR for short) being CR No. I-5/2012 alleging offence under Sections 406, 409, 420, 465, 467, 468, 471, 120B and 477A lodged with Gandhinagar Police Station, Economic Offence Cell, CID Crime may be quashed and attachment of bank account may be lifted.

2. The informant has alleged, inter alia, that the accused persons / petitioner have grabbed large parcel of land worth about Rs.150 crore allotted to the members of housing co-operative society.

3. So far as the factual backdrop is concerned, it emerges from the record that one Mr. R.D. Joshi was allotted a plot being Plot No.A/71 in a housing co-operative society at Vadodara. The said plot was allotted in 1984 and since said Mr. Joshi ordinarily stays at Mumbai, he has executed a power of attorney in favour of the informant who has filed the impugned FIR claiming that the FIR is filed on behalf of the executor of the power of attorney. The said informant (who is referred to as constituted attorney in present order) has alleged that from time to time the allott






















































































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