2017 Supreme(Guj) 647
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Nagarbhai Govindbhai Patel – Appellant
Versus
State of Gujarat and Others – Respondents
Special Criminal Application No. 1500 of 2016 and Criminal Misc. Application No. 3940 of 2017
Decided On : 23-03-2017
For the Appellants : I.H. Syed and Ankit B. Pandya.
Headnote:
Constitution of India, 1950 – Article 226 – Investigation –Writ applicant- original complainant has prayed to issue a writ of mandamus and/or a writ of certiorari or any other writ, order or direction, directing the respondent No. 2 and 3 to register complainant and/or information disclosing cognizable offences given by petitioner as an FIR and investigate same in accordance with law and direct, CID Crime or any other independent agency to investigate complaint and/or FIR, to direct respondent No. 3 to initiate appropriate departmental action – Held, Court take notice of fact that report prepared by police officer of Police Station was forwarded to Assistant Police Commissioner "A" Division, city – Court inquired with A.P.P. appearing for State whether report of police officer forwarded to Assistant Police Commissioner was looked into and considered thoroughly or not – Court is not inclined to issue any writ of mandamus for the registration of F.I.R – Writ Application Disposed of. (Paras 16, 17, 18)
J.B. Pardiwala, J.
1. By this writ application under Article 226 of the Constitution of India, the writ applicant- original complainant has prayed for the following reliefs:
"(a) To issue a writ of mandamus and/or a writ of certiorari or any other writ, order or direction, directing the respondent No. 2 and 3 to register the complainant and/or information disclosing cognizable offences given by the petitioner as an FIR and investigate the same in accordance with law.
(b) To issue a writ of mandamus and/or a writ of certiorari or any other writ, order or direction, directing CID Crime or any other independent agency to investigate the complaint and/or FIR.
(c) To direct the respondent No. 3 to initiate appropriate departmental action against the respondent No. 2 for showing such open favours to the accused in relation to the written complaint dated 28.08.2015 at Annexure-D.
(d) To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court."
2. The case of the writ applicant may be summarised as under:
"2.1 The writ applicant claims to be the true and lawful owner of the land bearing survey Nos. 22/2/1, 219/2/2 and 219/1/2 situated at the village: Bodakdev, District: Ahmedabad. It is the case of the writ applicant that in the year 2002, the respondents Nos. 4 and 5 visited his residence and informed that one Abhishek Patel, a resident of Ahmedabad, was desirous of purchasing the land bearing survey No. 22/2/1, Final Plot No. 55/1 ad-measuring 1517 sq. mtrs. It was also represented by the respondents Nos. 4 and 5 that Abhishek Patel would make the entire payment of the sale consideration within two months from the date of the execution of the agreement to sale. The respondents Nos. 4 and 5 also assured the writ applicant of the credentials of Abhishek Patel. Abhishek Patel was projected as a partner of the respondents Nos. 4 and 5. According to the writ applicant, the respondent No. 4 namely, Rajesh Chakvawala is a practicing advocate. The writ applicant relied upon the words and the representation of Shri Chakvawala and agreed to sell his land bearing survey No. 22/2/1 to Abhishek Patel. The respondent No. 4, Shri Chakvawala prepared an agreement to sale along with the respondent No. 5. The agreement to sale was signed by the writ applicant and his wife Kokilaben. At the time of the execution of the agreement to sale, the price of the land was fixed at Rs. 26,777/- per sq. yard. The agreement to sale dated 13th May 2010 is on record and is annexed as Annexure-E. It is the case of the writ applicant herein that Shri Chakvawala also managed to get the register of the Notary Public, and obtained the signatures of the writ applicant, and his wife Kokilaben in the register of the Public Notary at their residence.
2.2 On 29th September 2012, the writ applicant was served with an order passed by the Civil Court in the Civil Suit No. 671 of 2012 filed by the respondents Nos. 4 and 5 against the writ applicant and his family members. The order recited that a Court Commissioner had been appointed for the inspection of the lands bearing survey Nos. 219/2/2, 22/2/1 and 219/2/1. The writ applicant, at the earliest, collected all the relevant documents of the civil suit from the Court concerned and realised that the respondents Nos. 4 and 5 herein had duped him by committing forgery.
2.3 The writ applicant herein has alleged that the last page of the agreement to sale dated 13th May 2010 executed in favour of Abhishek Sunilbhai Patel was taken out and the same came to be inserted in a bogus agreement to sale prepared by the respondents Nos. 4 and 5 with respect to all the three survey numbers. On the strength of such bogus and concocted agreement to sale, the respondents Nos. 4 and 5 have filed a civil suit for the specific performance of contract.
2.4 After lodging the complaint in writing at the concerned police station, the writ applicant herein preferred the Special Criminal Application No. 5988 of 2015, prayi