DOLIBEN KANTILAL PATEL Vs. STATE OF GUJARAT
LAWS(GJH)-2013-3-142
HIGH COURT OF GUJARAT
Decided on March 15,2013

Doliben Kantilal Patel Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

STATE OF BIHAR AND ANR. V. J.A.C. SALDANAH [REFERRED TO]
DHANALAKSHMI V. R. PRASANNA KUMAR [REFERRED TO]
RAJ KAPOOR VS. STATE [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. RAM KISHAN ROHTAGT [REFERRED TO]
RUPAN DEOL BAJAJ MRS B R BAJAJ VS. KANWAR PAL SINGH GILL:STATE OF PUNJAB [REFERRED TO]
RUPAN DEOL BAJAJ MRS B R BAJAJ VS. KANWAR PAL SINGH GILL:STATE OF PUNJAB [REFERRED TO]
STATE OF MAHARASHTRA VS. ISHWAR PIRAJI KALPATRI:ISHWAR PIRAJI KALPATRI [REFERRED TO]
STATE OF UTTAR PRADESH VS. O P SHARMA [REFERRED TO]
RASHMI KUMAR VS. MAHESH KUMAR BHADA [REFERRED TO]
STATE OF KERALA VS. O C KUTTAN :STATE OF KERALA [REFERRED TO]
REJESH BAJAJ VS. STATE NCT OF DELHI [REFERRED TO]
G SAGAR SURI VS. STATE OF UTTAR PRADESH [REFERRED TO]
S M DATTA VS. STATE OF GUJARAT [REFERRED TO]
STATE OF ANDHRA PRADESH VS. GOLOCONDA LINGA SWAMY [REFERRED TO]
ZANDU PHARMACEUTICAL WORKS LTD VS. SHARAFUL HAQUE [REFERRED TO]
STATE OF ORISSA VS. SAROJ KUMAR SAHOO [REFERRED TO]
INDIAN OIL CORPORATION VS. NEPC INDIA LTD [REFERRED TO]
INDER MOHAN GOSWAMI VS. STATE OF UTTARANCHAL [REFERRED TO]
SANAPAREDDY MAHEEDHAR VS. STATE OF ANDHRA PRADESH [REFERRED TO]
MONICA KUMAR VS. STATE OF U P [REFERRED TO]
DHARMATMA SINGH VS. HARMINDER SINGH [REFERRED TO]
LEE KUN HEE VS. STATE OF UTTAR PRADESH [REFERRED TO]
JAGATSINH N SODA AND 5 VS. INDRAVADAN RAMNIKLAL MEHTA [REFERRED TO]
PRAKASH RAMCHANDRA BAROT VS. STATE OF GUJARAT [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. K. NARAYANA RAO [REFERRED TO]



Cited Judgements :-

KALIDAS, RIKESHBHAI PARSHOTTAMDAS PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2013-11-136] [REFERRED TO]
KALIDAS @ RIKESHBHAI PARSHOTTAMDAS PATEL AND ORS VS. STATE OF GUJARAT AND ORS [LAWS(GJH)-2013-9-238] [REFERRED TO]


JUDGEMENT

- (1.)In present petition under Section 482 of Criminal Procedure Code (hereinafter referred to as the Code ), the petitioner has prayed that First Information Report ( FIR for short) being CR No. I-5/2012 alleging offence under Sections 406, 409, 420, 465, 467, 468, 471, 120B and 477A lodged with Gandhinagar Police Station, Economic Offence Cell, CID Crime may be quashed and attachment of bank account may be lifted.
(2.)The informant has alleged, inter alia, that the accused persons / petitioner have grabbed large parcel of land worth about Rs.150 crore allotted to the members of housing co-operative society.
(3.)So far as the factual backdrop is concerned, it emerges from the record that one Mr. R.D. Joshi was allotted a plot being Plot No.A/71 in a housing co-operative society at Vadodara. The said plot was allotted in 1984 and since said Mr. Joshi ordinarily stays at Mumbai, he has executed a power of attorney in favour of the informant who has filed the impugned FIR claiming that the FIR is filed on behalf of the executor of the power of attorney. The said informant (who is referred to as constituted attorney in present order) has alleged that from time to time the allottee paid the requisite amount claimed by the housing co-operative society towards membership (for five share certificates, development charges, towards price of land, etc. and accordingly, five share certificates No.396 to 400 were issued by the society in name of the allottee. It is also alleged that according to the records of the society, an agreement for purpose of development was entered into with one M/s.Samir Builders Pvt. Ltd. According to the allegations in the FIR, upon payment of all charges, fees, etc., the said allottee became owner of the said Plot No.A/71. It is also alleged that from the details received in response to the application made under the provisions of Right to Information Act, it was revealed that the accused persons had created a bogus and forged letter allegedly issued by District Registrar of Co-operative Societies granting permission to sell the land of the housing co-operative society and on strength of such bogus / forged letter of permission, the accused No.1, in connivance with other accused persons, sold the land in question (admeasuring about 4.25 lakh square meters) whereby the said allottee and other about 710 members of the co-operative society have been cheated and duped. It is also alleged that for the said purpose, the accused persons also forged letters of consent and letters of resignations by the members. It is also alleged that though the value of the land is more than about Rs.150 crore, the land in question is allegedly sold-off at paltry price of Rs.1,48,93,557/-. It is also alleged that though it is shown from the record that accused No.1 sold away the land, actually it is the accused No.2, i.e. present petitioner who, being daughter of accused No.1, acted on behalf of accused No.1. According to the FIR, somewhere in October 2010, an advertisement inviting objections, if any, for the purpose of issuing title clearance certificate in favour of accused No.1 who proposed to purchase the land in question was issued and at that time several members of the housing co-operative society lodged their objections and also issued counter advertisement and filed complaints / applications before the District Registrar, Co-operative Societies. It is alleged that after receiving such complaints / applications from the members of the co-operative housing society, the Assistant District Registrar, Co-operative Societies initiated inquiry and in the report (which was submitted pursuant to the inquiry), several irregularities and financial misappropriation are reported which has adversely affected interest of the members of the housing co-operative society.


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