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2022 Supreme(Guj) 1067

GITA GOPI
Harshadbhai Matilal Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant MR JAL S.UNWALA SENIOR ADVOCATE with MR PREMAL S
RACHH, ADVOCATE
For the Respondent: MR MAULIK N SHAH, MR HARISH PANDYA, MR RAJENDRA KOOKADA AND MS. HIRAL U MEHTA, MR PRANAV TRIVEDI, Adv

JUDGMENT :

1. Both the petitions being Criminal Misc. Application No.17172 of 2017 and Criminal Misc. Application No.1168 of 2017 are preferred under Section 482 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) praying to quash and set aside the FIR being I-C.R. No.237/2016 under Sections 406, 420, 467, 468, 471 and 114 of IPC; and FIR being I-C.R. No.34/2017 under Sections 406, 420 and 114 of IPC, both lodged with Vadaj Police Station, Ahmedabad.

1.1 The respondent no.2 – original complainant in both the impugned complaints is same, who is son of the petitioner no.1, aged about 91 years, of both the petitions. The petitioner nos.2 to 3 in Cr.M.A. No.17172 of 2017 are the family members of the complainant being aunt, cousin brother and cousin sister respectively.

2. The facts in both the petitions are same, therefore, in brief, the same are narrated hereunder:

2.1 The father of petitioner no.1 and grandfather of the respondent no.2 complainant viz. Matilal Motilal Patel, who was Karta of Matilal Motilal Patel Hindu Undivided Family (for short ‘HUF’), executed a registered release deed in favour of petitioner no.1 - Harshadbhai Matilal Patel and his brother Yadukant Ma

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