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2022 Supreme(Guj) 1633

VAIBHAVI D. NANAVATI
Nayanbhai Ramchandra Desai – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Ms. Kruti M Shah
For the Respondent: Ms. Maithili D. Mehta, APP

ORDER :

1. Rule, returnable forthwith. Ms. Maithili D. Mehta, learned APP waives service of notice of Rule on behalf of the respondent – State.

2. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicant herein has prayed for quashing of F.I.R. being C.R. No. I- 04 of 2017 registered at Mandvi Police Station, District : Surat Rural, on 12.01.2017 for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 120-B and 114 of Indian Penal Code against the applicant herein-accused no.23.

3. The brief facts germane for adjudication of the present application are stated thus:

3.1. It is the case of the prosecution that all the accused persons in collusion with others had prepared one power of attorney dated 24.04.2002 for grabbing the land bearing Survey No. 314 situated at Village: Bodhan, Taluka: Mandvi and on 25.03.2002, the co-owners of the said land brought two persons in place of deceased Moh. Musa and Hafizbibi before the notary, though they were deceased, at that point of time, and prepared power of attorney and accused nos. 16 and 17 had signed as witnesses and the accused no.23- present applicant has notarized the said do

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