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HIGH COURT OF GUJARAT
J.C. DOSHI
Laljibhai Pababhai Chavada – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(J.C. DOSHI, J.)
1. By way of this petitions filed u/s 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for quashment of the FIR being I – C.R. No. 59 of 2018 registered with Babara Police Station, Rajkot Rural for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 120-B of the IPC.
2. Brief facts of the case are as under:-
2.1. It the is case of the complainant that 11 accused persons shown in the FIR have committed an offence as alleged in the FIR, by way of criminal conspiracy for mutating the name of one Bachu Bhavan in the revenue record village form no: 7/12 of land survey no: 194/75 which is Government vest land at village: Gad-kotadi, Ta: Babara, Dist: Amreli, and thereby, they have forged revenue. record, and it is further alleged that the succession revenue entry no: 2126 dated 27/04/14 was mutated in the revenue record and the same was certified bringing legal heirs of Bachu Bhavan on record.
3. Learned advocate Mr. SK Patel seeking quashment of FIR qua petitioners would submit that the petitioners were Circle Inspector and Mamlatdar in e-dhara at the relevant point of time. They are not named in the FIR. He would further
The court held that allegations of forgery and conspiracy against revenue officers necessitate a trial, as their actions involved potential criminal liability despite claims of following official dut....
(1) Interim order of stay of investigation during pendency of quashing petition can be passed with circumspection.(2) When investigation by police is in progress, court should not go into merits of a....
It is the duty of a Judge to sustain the judicial balance and not to think of an order which can cause trauma to the process of adjudication
The court held that allegations arising from a civil dispute cannot constitute a criminal offence, and continuation of such proceedings amounts to an abuse of the legal process.
The main legal point established in the judgment is that the exercise of inherent jurisdiction under Section 482 of the Cr.P.C. should be sparing and cautious, and the court should only intervene if ....
The court emphasized that inherent powers under Section 482 should not be exercised to quash FIR unless exceptional circumstances are established, reaffirming the requirement for thorough investigati....
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
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