JUDGMENT :

NISHA M. THAKORE, J.

1. This application is filed by the State invoking section 439 (2) of the Code of Criminal Procedure praying for quashing and setting aside the order dated 16.01.2021 passed in Criminal Miscellaneous Application No. 81 of 2021 passed by the learned 15th Additional Sessions Judge, Surat and has further prayed for cancellation of the Anticipatory bail granted to the respondent - original accused no. 1 in respect of FIR bearing I-C.R. No. 240 of 2018 registered with Varachha Police station for the offense punishable under sections 406, 420, 465, 467, 468, 471, 474, 447, 341, 506 read with section 114 of Indian Penal code.

2. The gist of the complaint as it emerges from the FIR bearing IC. R. No. 240 of 2018 is as under:

The complainant Sureshchandra Shrikrishan Gupta is aged around 65 years and is living retired life at his native place at Edapur village, post Surtajpur, Thana : Dorighat, Taluka: Madhuban, Uttar Pradesh. He claims to be the owner of land bearing plot no. 1 admeasuring 543.48 sq. mrts. of Final Plot No. 7-B2 paiki, T.P. Scheme No. 4, Choryasi, Surat. The complainant claims to have purchased said plot for consideration of Rs. 60,000/- by regi