1. Both these applications under Section 482 of the Code of Criminal Procedure, 1973, are filed with a prayer to quash and set aside the FIR being C.R. No.I-71 of 2012 before Umra Police Station for the offences punishable under Sections 406, 420, 467, 468, 471, 120-B of Indian Penal Code and the basic allegations levelled against the applicant of Criminal Misc. Application No. 3783 of 2012 is of forging the power of attorney and selling the land to applicant of Criminal Misc. Application No. 4190 of 2012.
2. In the backdrop of the allegations levelled in the FIR, Mr. N.D. Nanavati, learned senior advocate submits that as early as in the year 1988 development agreement was entered into and therefore, the transactions which have taken place with regard to the disputed land which is subject matter of the FIR in both these cases, for which, civil suits are filed and relief claimed for setting aside the subsequent transaction of sale and sale deed by the informant himself would at this stage appeal this Court to exercise the powers since initiation of machinery of criminal law into motion is nothing but abuse of process of law and further the aspect of execution of development agreement as well as power of attorney is referred to and admitted by the informant in a written statement filed in the civil proceedings where he is defendant No.1. It is also submitted that applicants are ready and willing to cooperate with the investigation and the signature on the disputed document can be verified even by the FSL authority and no element or ingredient of cheating or forgery or forged document appear from even conjoint reading of the FIR and development of the land of plotting and sub plotting has taken place in and around 2008 and after four years the FIR is registered and, therefore, the impugned FIR deserves to be quashed and set aside.
3. Learned APP appearing for respondent-State and Mr. S.V. Raju, learned senior advocate with Mr. A.B. Munshi, learned advocate, for the complainant in both the cases oppose grant of relief as prayed for on the ground that the power of attorney is forged and as stated by learned senior advocate for the applicants, only authority was given to the applicant of Criminal Misc. Application No. 3783 of 2012 and was to represent the granter of the power of attorney before ULC authorities, revenue authority and undertaking similar representation on behalf of the granter but at no point of time the applicant of Criminal Misc. Application No. 3783 of 2012 was assigned any right to sell the land or to transact any matter with the subject land which came to be disposed of by the applicants in collusion with each other fraudulently.
4. At the threshold, this Court would not like to enter into the appreciation of the evidence in exercise of powers under Section 482 of the Code as, prima facie, the ingredients of the offences are constituted admittedly the applicant of Criminal Misc. Application NO. 3783 of 2012 had no authority to sale/dispose of the land and further applicant of Criminal Misc. Application No. 4190 of 2012 cannot be said to be a bonafide purchaser, who has purchased the land from a person who had no authority , right etc. to sell the land. No case is made out to exercise powers under Section 482 of the Code of Criminal Procedure, 1973.
5. Both the above applications are rejected. Notice discharged. Stay granted earlier stands vacated.
[ANANT S. DAVE, J.] //smita// Top