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2021 Supreme(Guj) 1118

GITA GOPI
NITINBHAI @ RAJU PUSHOTTAMBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant :MR. YOGESH S. LAKHANI, SENIOR ADVOCATE ALONGWITH MR RAHUL R DHOLAKIA
For The Respondent:MR JM PANCHAL, SENIOR ADVOCATE ALONGWITH MR ASHISH M DAGLI, MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR.

ORDER :

1. Both the petitions arise out of the same FIR where petitioners have prayed for quashing of the FIR against them. The matter being on common facts and with the same relief, is dealt with together.

1.1 The petitioner of Special Criminal Application No. 3284 of 2016 contends himself to be a bonafide purchaser of the land in question; while the petitioner of Special Criminal Application No. 3385 of 2016 states that he is the power of attorney holder of Somabhai Sakrabhai Patel which was executed on 18.04.1988.

1.2 The impugned FIR is registered on 17.03.2016 as C.R. No. I – 41 of 2016 with Nikol Police Station for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 474, 120(B) of the Indian Penal Code. Both the petitioners are the accused in the impugned FIR. The complainant is the son of Somabhai Sakrabhai, who alleges that Survey No.460 and Survey No.462/1 of Nikol Village was sold away by the said power of attorney on the basis of forged signature of his father on the power of attorney. It is also alleged that Survey No. 450/4 which includes well and a room was sold away by the said power of attorney, and on the basis of forged signature, false documents hav

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