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2025 Supreme(Online)(Guj) 6395
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
MAHESHBHAI S/O BHAVANBHAI CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 17922 of 2021
For the Appellants/Petitioners: MR MUKESH N VAIDYA, MR.KISHORE PRAJAPATI
For the Respondents: MR BHAICHANDBHAI K CHEHLIYA, MR KUNJ A SHAH, MR CHINTAN DAVE, APP
The Court upholds the dismissal of a petition to quash an FIR due to insufficient grounds while allowing contestation during trial.
Headnote:The petitioner seeks to quash FIR No. 11192003210341 registered under IPC sections 465, 467, 466, 471, and 120
(B). The petitioner alleges that the complaint emerged long after the registration of a sale deed executed with lawful authority. The Court finds insufficient grounds to exercise extraordinary powers to quash proceedings. The petition is dismissed without merit considerations, allowing trial raise. Accordingly, the petition is dismissed.
| Table of Content |
|---|
| 1. complicity in document forgery leads to an fir. (Para 2 , 3) |
| 2. the investigation was completed with a charge sheet filed. (Para 4) |
| 3. court found no grounds for quashing fir and dismissed the petition. (Para 5) |
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. By way of this petition, under Section 482 of the Code of Criminal Procedure , petitioner seeks to quash the FIR being CR No.11192003210341 of 2021 registered with Sanand GIDC Police Station, Ahmedabad for the offences punishable under Sections 465, 467, 466, 471 and 120(B) of the Indian Penal Code.
3. Brief facts of the case are as under:
3.1 Petitioner is practicing advocate at Sanand. Somewhere in March, 2008 complainant with other persons visited the office of the petitioner and requested him to prepare draft of sale deed and relevant documents of the sale deed as they intend to sell their land. According to petitioner, since he and co-owner vis. Keshabhai Sadabhai were senior citizen, they have executed Power of Attorney in favour of Gitaben Gulabhai Rathod and authorized her to complete the transaction. Petitioner being a practicing advocate, taken the brief and after completing formalities, registered the sale deed on 27.03.2008 in office of Sub Registrar, Sanand.
3.2 After 13 years of registration of the sale deed, land owner Kankuben Balabhai Sadabhai lodged complaint against the petitioner and other accused alleging that in connivance with each other, forge and bogus document has been created and whereby complaint was impersonated and land of the complainant was transferred to the co-accused. The allegation against the petitioner is that he being an advocate, has given identification of the said forge person and also purchased the stamp for the registration of the sale deed.
3.3 The aforesaid information were registered as FIR. Therefore, petitioner filed the present petition to quash the FIR and subsequent proceedings.
4. Notably, during the pendency of the petition, investigation by the police has been completed, charge sheet is filed and learned Trial Court after taking the cognizance also framed charge against the accused/petitioner.
5. In aforesaid premises, this court do not find any reason to exercise the extraordinary power. The petition is accordingly dismissed only on this count.
