The court will not exercise inherent powers to quash an FIR if the allegations disclose a cognizable offence and the prosecution is not manifestly mala fide, particularly when the accused has a history of similar criminal antecedents.

ORAL ORDER

1. By the present application preferred under Section 528 of Bharatiya Nagarik Surakhsha Sanhita, 2023 , the applicant seeks quashing of FIR No. 11191046250305 of 2025 registered with Airport Police Station, Ahmedabad City for offences punishable under Sections 420, 465, 467, 468, 471 and 120B of Indian Penal Code, 1860.

2. Heard learned Senior Counsel Mr. R.R. Marshal assisted by learned advocate Mr. Daifraz Havewalla for the applicant, learned advocate Dr. Abhisst Thaker for the respondent no. 2 – original complainant and learned APP Ms. C.M. Shah for the respondent no. 1 – State.

3. Learned APP Ms. C.M. Shah submits the report of Police Sub-Inspector, LCB Zone 4, Ahmedabad City which is taken on record.

4. The allegations in the FIR disclose that the complainant purchased two properties situated at City Survey No. 1898, Mouje Sardarnagar, Sub-District Ahmedabad-6 (Naroda), Ahmedabad, from one Dipak Kishanchand Rangwani and Vimalaben Ghanshyamdas Chelani through notarized sale deeds, Power of Attorney and Declarations executed before a notary, after paying the entire sale consideration in cash installments to the respective sellers, and both properties were duly recorded in the names of the respective sellers in the City Survey records. Suresh Kanaiyalal Somani and Manish Kanaiyalal Somani, in conspiracy with Ishwar Trikamdas and the present applicant, fraudulently prepared bogus sale deeds, forged property cards, fabricated audit reports, used bogus pan card and forged stamps in respect of three open plots of within City Survey No. 1898, totaling 999 sq. mtrs., affixed photographs of a different property bearing City Survey No. 4599 in the said documents, and on the basis of such fabricated documents obtained a mortgage loan of Rs. 1,20,00,000/- (Rupees One Crore Twenty Lakhs) from Allahabad Bank, Ashram Road Branch. Upon default in repayment, the Bank proceeded under the SARFAESI Act and attempted to take possession of the properties of the complainant, thereby causing him a financial loss of approximately Rs. 1,50,00,000/-.

5. Learned advocate for the applicant submits that the complainant claims to be in possession of properties in City Survey No. 1898, Sardarnagar, Ahmedabad, pursuant to notarized agreements for sale executed in May and June 2016 in respect of approximately 250 sq. meters and 334 sq. meters respectively. It was submitted that the complainant came to know of the alleged mortgage only in 2023 when officials of Allahabad Bank along with a Court Commissioner visited the property under SARFAESI proceedings in Criminal Misc. Application No. 107 of 2023, and upon subsequent inquiry discovered that Suresh Kanaiyalal Somani and Manish Kanaiyalal Somani had allegedly obtained a loan of approximately Rs. 1,20,00,000/- from Allahabad Bank in the name of Tulsi Silver Industries by mortgaging three plots of approximately 333 sq. meters each in Survey No. 1898 on the basis of forged documents including a fabricated supplementary property card, map and valuation report containing photographs of a different property. It is further submitted that the only allegation against the present applicant is a vague hearsay statement attributed to Ishwar Trikamdas to the effect that the applicant had previously worked with Suresh Somani in connection with arranging bank loans, which does not constitute any specific or direct allegation sufficient to implicate the applicant in the alleged conspiracy. It is also submitted that the Applicant had initially sought anticipatory bail before the learned Sessions Court, Ahmedabad, which came to be rejected, and thereafter filed Criminal Misc. Application No. 517 of 2026 before th