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FIR I-CR No.

I-60/2015
Police Station DCB Police Station
Date and Time of FIR - 29/5/2015
Date and Time of Offence 24/1/2011 Till now
Station Dairy No. 09/15 17:00
Offences Section 420, 465, 467,468, 471 and 120-B of IPC
Charge Sheet No 60/2015

Complainant Ravi prabhudas Modi


Accused - Chelabhai Harjibhai Rabari

Facts of the Case

1) The petitioner is arraigned as an accused in the FIR registered as C.R No. I-60/2015
with DCB Police Station, Ahmedabad for the offence punishable u/s 420, 465, 467,
468, 471, and 120-B of IPC. Annexed marked as ANNEXURE-A (Page 1)
2) The father of the Coplainant i.e. Prabhudas Vallabhdas Modi has executed a Will in
favour of the Petitioner on 25.8.2009 wherein, the father of the Complainant had
given the land bearing Survey No.503 admeasuring 6374 sq.mtrs. and 504
admeasuring 3854 sq.mtrs. situated at village-Makarba, Taluka-Daskroi, DistrictAhmedabad.
3) The father of the complainant did not have good terms with the complainant as the
complainant was causing mental agony to his father. None of the legal heirs would
have and authority to make any claim with respect to the subject lands as the same
were given to the petitioner ANNEXURE-B (Page 8)
4) 7.7.2010 Pursuant to the above will the complainant has preferred a civil suit being
Special Civil Suit No. 437/2010 against the petitioner, before the Ld. Principal Senior
Civil Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad inter alia, praying for
declaration of the will dated 25.8.2009 to be nullity and void-ab-initio on the ground
that the same was bogus and ingenuine ANNEXURE-C (Page 10)
5) 25.2.2012 Pending the Civil Suit and falling to get any interim relief, the complainant
preferred to file an FIR being C.R No.I-11/2012 with DCB Police Station,
Ahmedabad, wherein the petitioner was made an accused. That the petitioner had
made allegations with regard to the will dated 25.8.2009 which was the subject matter
of the above mentioned civil suit and was being adjudicating by the competent
authority.
6) 6.9.2013 The investigation agency had investigated and had further filed C
Summary Report in favour of the petitioner on the ground that a civil suit was filed
for the very same subject matter and the same is pending adjudication ANNEXURED (Page 25)

7) For the same subject land in the impugned FIR, the complainant has already filed a
Civil Suit and has also filed a FIR, wherein, the complainant has failed to any relief
and therefore, a second FIR has been preferred by the complainant for the same
subject matter with a view to harass the present petitioner.
8) The Complainant has filed a civil suit being Special Civil Suit No. 646/2013 before
the Ld. Principal Senior Civil Judge, Ahmedabad against the accused persons of the
impugned FIR ANNEXURE-E (Page 37)
9) The Petitioner respectfully submits that the petitioner has approached this Honble
Court for quashing the FIR on the ground that the impugned FIR does not disclose
prima facie offence against the petitioner.
10)

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