JUDGMENT :

1. This application is filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., whereby applicant – original accused no. 1 – Firoz Falibhai Contractor, resident of Vadodara, is seeking quashment of the FIR being CR. No.11196008200983 of 2020 registered with J.P. Nagar Police Station, Vadodara for the offences punishable under Sections 177, 181, 406, 465, 467, 471 and 212 read with Section 114 of the IPC and Section 6(d) of the Gujarat Prohibition of Transfer of Immovable Property and provision of Protection of Tenants from Eviction from the Premises in Disturbed Areas Act, 1991 (herein after referred as ‘Disturbed Areas Act’).

2. This Court has heard learned Senior Counsel Mr. I.H. Syed assisted by Mr. Panthil Majmudar, learned advocate appearing for and on behalf of the applicant – accused, Mr.Shalin Mehta, learned Senior Counsel assisted by Mr. Nisarg Jain, learned advocate appearing for and on behalf of original informant – private respondent and Mr.Bhargav Pandya, learned APP appearing for the respondent State.

3. Brief facts giving rise to file present application are that:

The applicant accused – Firoz Contractor vide registered sale deed dated 07.02.2018 purchased property in question bearing plot No. 9 situated at Samarpan Society, Vasna Road, Tandalja, City Vadodara.

The area in which the property is situated is declared as ‘disturbed area’ and any party intend to transfer the property by way of sell etc, the prior permission of the Deputy Collector under Section 5 of the Disturbed Areas Act is necessary. Section 5 provides that, subject to provisions of sub-section (3), no immovable property situated in the disturbed area shall during the period of subsistence of the notification issued under sub-section (1) of Section 3 declaring such area to be the disturbed area, be transferred except with the previous permission of the Collector. The procedure for obtaining permission is provided in sub-section (3) of the Act, which says that, any person intending to transfer immovable property situated in a disturbed area may, within the prescribed period and in the prescribed form, make an application to the Collector for obtaining previous sanction under sub-section (1).

In light of the aforesaid statutory provisions, the application for obtaining previous sanction was filed on 26.02.2015. The Deputy Collector, Vadodara granted previous sanction on 21.09.2017. The NOC from Samarpan Housing Society was also obtained on 30.01.2015. The applicant accused vide registered sale deed dated 07.02.2018, purchased the said plot no.9 from the erstwhile owner Mr.Dashrathlal Panchal. The applicant accused while obtaining the previous sanction, submitted an affidavit and filled up the check- list, wherein he disclosed his caste/religion (Parsi) and also mentioned his residential address i.e. Faramji Compound, B/h. Railway Station, Alkapuri, Vadodara, as per the Government record.

After purchasing the said property, applicant Firoz Contractor did not want to retain the said property and decided to sell it to co- accused Firoz Mohammad Patel, Sabir Mohammad and Hanifa Mohammad Patel. As the property falls under the disturbed area, the previous sanction of the Deputy Collector, Vadodara was necessary. The accused Firoz along with the proposed purchaser applied for previous sanction on 04.05.2019. He as well as purposed purchaser filled a check-list as well as submitted an affidavit as per the procedure laid down under the Rules. In the affidavit, the applicant Firoz did not mention his caste/religion. In the affidavit as well as check-list, he mentioned the address which is not his regular resident address. In such circumstances, considering the particulars and contents of the affidavit as well as check-list, the authority was of the view that the parties belong to Muslim Community and therefore, without inviting police inquiry, granted a previous sanction on 16.05.2019. Thereafter, the accused executed a