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Sapna vs State

High Court Of Gujarat|13 January, 2012

JUDGMENT / ORDER

1 This application under Section 482 of the Code of Criminal Procedure, 1973 is filed by the applicant with a prayer to direct respondent No.2 to investigate and register a complaint on the basis of allegations made in the memo of the petition.
2 It is the case of the applicant that, while she was staying in the United Kingdom, her brother, respondent No.7, by entering into transaction with another respondent,namely, purchaser of the land in question, on the basis of bogus power of attorney, sold her land. It is the further case of the applicant that her brother, by exerting pressure by the purchaser of the land in question, had signed the power of attorney and he confessed to that extent. Now, the power of attorney is not traceable and the land stands transferred in the name of the purchaser. In view of the above, it is necessary to investigate the crime committed by her brother and purchaser in collusion with each others.
Having heard the learned counsel for the applicant and on perusal of the record of the case, it transpires that a Civil Suit is filed. Now, a stand is taken by the applicant that the land belonging to her was sold by her brother on the basis of forged power of attorney. Such allegation does not require any further investigation since it is in the realm of civil dispute and the remedy is already undertaken. No case is made out to issue direction for investigation. This application is rejected summarily.
(ANANT S. DAVE, J.) (swamy) Top
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Title

Sapna vs State

Court

High Court Of Gujarat

JudgmentDate
13 January, 2012