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2024 Supreme(Online)(GUJ) 4391

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
HIMATAJI KASTURJI MALI – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR HITESH N ACHARYA(2302) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORAL JUDGMENT

[1.0] By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the petitioners – original accused Nos.1 and 3 to 6 have prayed to quash and set aside the FIR being I-CR No.34 of 2019 registered with Kanbha Police Station, Ahmedabad (Rural) for the offence punishable under Sections 465 , 467 , 468 , 471 and 120(B) of the Indian Penal Code, 1860 (for short “IPCP) and to quash all other consequential proceedings arising therefrom.

[2.0] It is the case of the petitioners that at the instance of respondent No.2, impugned FIR came to be filed in connection of the mutation Entry No.1321 dated 07.08.2002, which was made in revenue record stating that in connection of the land bearing Block No.243 (New Block No.400) of Mouje Bhuval, Taluka Daskroi, District Ahmedabad (Rural) (herinafter referred to as “disputed land”), which was running in the name of one Nathaji Jibhaji Vaghela wherein it was declared before accused No.7 – Talati cum Mantri that Nathaji Jibhaji Vaghela expired around 22 years ago and his heirs are Himtaji Nathaji, Chagaji Nathaji, Hemaji Nathaji and Ramaji Nathaji. Out of these heirs, Himtaji Nathaji

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