Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.

JUDGMENT :

J. C. DOSHI, J.

1. In all four petitions are filed under section 482 of Cr.P.C. questioning filing of FIR being C.R.No.I-12 of 2013 registered with DCB Crime Police Station, Vadodara. Captioned petitions involve same facts and issue in dispute, all of them since tagged, with the consent of learned advocates for both the sides, they are heard together and disposed of by this common order.

2. Criminal Misc. Application No.10988 of 2013 is treated as lead matter.

3. Facts of the case are as under :-

3.1. That the complaint revolves around land bearing S.No.60 block No.51 admeasuring 6677 sq.mtr. of village Khanpur, Tal. District Vadodara. That present complainant was the owner of the land in question. That on 06.06.1989, present complainant had purchased the land in question by way of registered sale deed from one Mansukhlal Gangaram Maheta. That thereafter, on 11.01.2006, present complainant executed one notarized power of attorney in favour of one Ravishanker Bhanvarlal Sharma giving all powers including power to execute registered sale deed. That on 06.05.2009, said power of attorney holder of present complainant executed registered sale deed in favour of present applicant of the land in question. That thereafter, present applicant published public notice seeking title certificate qua the land question. That thereafter, present complainant objected to the issuance of title clearance certificate saying that the power of attorney dated 11.01.2006 was not genuine and that Ravishanker Bhanvarlal Sharma had created bogus power of attorney. Having received said objection from present complainant, present applicant filed criminal complaint on 28.07.2009 against Ravishanker Bhanvarlal Sharma.

3.2. That thereafter entry No.1216 was posted on 09.05.2009 recording registered sale deed in favour of present applicant. Against the certification of said entry, objections were raised by present complainant resulting into registration of RTS Case No.124/09. That in the said case, on an order was passed 16.12.2009 by Mamlatdar, Vadodara ordering certification of entry No.1216. It is to be noted here that the said order passed by Mamlatdar, Vadodara was thereafter challenged by present complainant before the Dy. Collector by filing RTS Appeal No.71/10 wherein also the said Appeal was rejected by the Dy. Collector against which present complainant has filed Revision application before Collector, Vadodara which is pending.

3.3. That thereafter, on 01.09.2009, Special Civil Suit No.509 of 2009 came to be filed by present complainant against present applicant seeking cancellation of registered sale deed dated 06.05.2009. It is to be noted here that no relief is granted in favour of present complainant in the said Civil Suit till date. That thereafter on 17.03.2010 confirmation deed came to be executed by present complainant in favour of present applicant whereby present complainant has accepted the registered sale deed executed favour of present applicant.

3.4. That thereafter, on 13.05.2010 a Criminal complaint was submitted by complainant against said Ravishanker Bhanvarlal Sharma before the Superintendent of Police, Vadodara. It is to be noted here that in the said complaint present applicant is shown as witness of present complainant. Not only that, but, in the said complaint, it is clearly stated by present complainant that even present applicant is duped by said Ravishanker Bhanvarlal Sharma and that huge amount is being taken by said Ravishanker Bhanvarlal Sharma for the land in question. That pursuant to said complaint 27.05.2010, statement of an present complainant was recorded by police, wherein it is the say of present