IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18984 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No yes ==========================================================

YUVRAJSINH RAJENDRASINH RATHOD & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

LD.SR.ADV.MR S.I.NANAVATI ASSISTED BY MR VANDAN K BAXI(5863)

WITH MR VAIBHAV SHUKLA WITH MS JANKI JADEJA for the Applicant(s)

No. 1,2 MR. JAY M THAKKAR(6677) for the Respondent(s) No. 2 MR RONAK RAVAL, ADDL.PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 12/03/2026

JUDGMENT

1 The present application is filed under Section 482 of the Code of Criminal Procedure seeking quashment of the FIR being No.I-11199050220914 of 2022 dated 12.09.2022, registered with Valiya Police Station, District Bharuch, for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, against four accused persons, wherein the present applicants are arraigned as accused Nos.2 and 3, being the son and wife of the main accused No.1. As per the allegations made in the FIR, which was lodged at the instance of Kersi Dorabji Harmasji Variyava (Parsi), it is stated that the agricultural lands namely (1) Khata No.255 (Old Block No.233A, New Block No.075) admeasuring Hec. R.A. Sq. Mtrs. 04-98-61, (2) Khata No.277 (Old Block No.233B, New Block No.074) admeasuring Hec. R.A. Sq. Mtrs. 00- 37-46 and (3) Khata No.277 (Old Block No.007, New Block No.350) admeasuring Hec. R.A. Sq. Mtrs. 00-41- 05, situated at Village Itakala, Taluka Valiya, District Bharuch, originally belonged to Bhikhaji Ardesar Bharucha, who was the maternal uncle of the complainant. It is alleged that accused No.1, in connivance with the Talati-cum-Mantri of Village Itakala, took wrongful advantage of the absence of the complainant’s maternal uncle and produced a fabricated revenue receipt (pawti) dated 30.09.1986 before the revenue authority, and thereby obtained agricultural rights over the aforesaid lands vide mutation entry No.1096 dated 06.08.1991.

1.1 It is further alleged that the original owner Bhikhaji Ardesar Bharucha died on 18.09.1992 at Navsari, and thereafter accused No.1 created a forge Will dated 30.12.1993, showing the signatures of two witnesses, namely Mohanlal J. Varde and Manubhai Chimanlal Solanki, and identifying the thumb impression of the deceased Bhikhaji Ardesar Bharucha. It is also alleged that on 10.03.2001, accused No.1 submitted an application for mutation of revenue entry and without issuance or service of notice under Section 135D of the Gujarat Land Revenue Code to the complainant or any other heirs, mutation entry No.1453 came to be entered stating that the deceased had no Class-I or Class-II heirs, and accordingly the name of accused No.1 was mutated on the basis of the said false Will.

1.2 It is further alleged that on 20.03.1995, on a Rs.50 Non-Judicial stamp paper purchased by accused No.1, a power of attorney was prepared in the name of Bhikhaji Ardesar Bharucha, which was later used before the Gujarat Electricity Board Limited for the purpose of enhancement of electricity power. It is further alleged that on 10.03.2001, accused No.1 submitted an application before the Talati-cum-Mantri, Itakala Group Gram Panchayat, for mutation of his name, whereupon the Gram Panchayat issued notice under Section 135D(2) and a panchnama dated 14.08.2001 was drawn stating that the deceased Bhikhaji had no issues and no Class-I or Class-II heirs, and thereby accused No.1 wrongfully obtained ownership of the agricultural lands belonging to the complainant’s maternal uncle.

1.3 Thereafter, in the year 2003, accused No.1 prepared documents for transferring the said agricultur