[Cites 2, Cited by 0]
Gujarat High Court
Akhilesh Shreenarayan Tivari vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/SCR.A/694/2022 ORDER DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 694 of 2022
With
R/SPECIAL CRIMINAL APPLICATION NO. 729 of 2022
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AKHILESH SHREENARAYAN TIVARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. KRUTI M SHAH(2428) for the Applicant(s) No. 1
MR AM PAREKH(562) for the Respondent(s) No. 2
MR.MEET THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/12/2025
ORAL ORDER
1. By filing both the petitions the ultimate relief prayed by the
petitioner is of handing over of interim custody of
muddamal which are keys of Plot Nos.M5, M6 and M7 to
him.
2. The facts leading to filing the present petition are such that
the offence came to be registered at Pandesara Police
Station wherein the petitioner is accused for the offence
punishable under the provisions of Section 323, 324 and
other allied offences under the IPC. During the course of
investigation in the said offence, the Investigating Officer
had seized the keys of Plot Nos.M5, M6 and M7 as in view
of the Investigating Officer if the keys were not seized, the
NEUTRAL CITATION
R/SCR.A/694/2022 ORDER DATED: 04/12/2025
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dispute involved in the offence was likely to further
escalate. The petitioner herein had submitted an
application under Section 451 of the Criminal Procedure
Code, 1973 claiming interim custody of the muddamal
keys before the Court of learned Magistrate and the said
application was dismissed by the learned Magistrate vide
order dated 22.10.2019. Against the said order, the
petitioner had preferred Criminal Revision Application
No.353 of 2019 before the learned Sessions Court, Surat.
The said Revision Application was dismissed by the learned
Sessions Court vide order dated 12.11.2021.
3. Being aggrieved by the said order, the petitioner has filed
Special Criminal Application No.694 of 2022. Similarly, the
first informant in the above referred F.I.R. also submitted
an application under Section 451 of the Cr.P.C. claiming
very same muddamal before the Court of learned
Magistrate. Learned Magistrate dismissed the said
application vide order dated 22.10.2019 against which
Criminal Revision Application No.380 of 2019 was
preferred before the learned Sessions Court. Learned
Sessions Court vide order dated 12.11.2021 was pleased to
allow the said Revision Application and muddamal keys
were ordered to be handed over to the applicant of Revision
Application No.380 of 2019. Being aggrieved and
dissatisfied of both the aforesaid orders, the petitioner has
preferred Special Criminal Application No.729 of 2022.
4. Learned advocate Ms. Kruti Shah appearing for the
petitioner in both the petitions submitted that the
NEUTRAL CITATION
R/SCR.A/694/2022 ORDER DATED: 04/12/2025
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petitioner herein had filed a Civil Suit No.129 of 2006
before the Civil Court at Surat seeking permanent
injunction and cancellation of documents and declaration
pertaining to Plot Nos.M5, M6 and M7 pending the present
application. The learned Civil Court, Surat vide judgment
and order dated 03.11.2025 has decreed the suit in favour
of the petitioner and has declared the Power of Attorney
dated 02.07.2023 executed in favour of the respondent
no.2 herein to be false and void. Similarly, the sale-deed
dated 09.07.2003 and release deed which also declared to
be illegal and forged and Civil Court has also confirmed the
ownership of the present petitioner over the Plot Nos. M5,
M6 and M7 and the respondent herein has been
permanently restrained from any charge, alienation or
third party rights in the suit property. Thus the dispute
prevailing between the parties has resulted in favour of the
petitioner and therefore, the muddamal keys should be
handed over to the petitioner in view of the provisions of
Section 451 of the Cr.P.C. She has, therefore, submitted to
allow the present petitions.
5. Learned Additional Public Prosecutor has opposed the
grant of present petitions and submitted that the present
petitions may not be allowed and the same should be
dismissed.
6. Learned advocate Mr. A.M. Parekh has appeared on record
for the respondent no.2 upon service of notice issued by
this Court. The matter was listed on 24.11.2025. However,
since the learned advocate A. M. Parekh appearing for the
NEUTRAL CITATION
R/SCR.A/694/2022 ORDER DATED: 04/12/2025
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respondent no.2 was not present, the matter was
adjourned to 03.12.2025. On 03.12.2025 also, learned
advocate Mr. A. M. Parekh appearing for the respondent
no.2 did not remain present before this Court and
therefore, the matter was adjourned to today i.e.
04.12.2025. Today also, learned advocate Mr. Parekh
appearing for the respondent no.2 did not remain present
before this Court.
7. Learned advocate appearing for the petitioner has drawn
attention of this Court to the judgment and order dated
03.11.2025 passed in Civil Suit No.129 of 2006. Perusal of
the said judgment indicates that the dispute going on
between the parties as regards the plots in question, has
been decided in favour of the petitioner. The Civil Court
vide aforesaid judgment has also confirmed the ownership
of the petitioner for the said plots.
8. Having regard to the same, both the petitions deserve to be
allowed and the same are hereby allowed. The judgment
and order impugned in both the petitions are quashed and
set aside. The muddamal keys are ordered to be handed
over to the petitioner upon furnishing personal bond of
Rs.10,000/-.
9. In view of the above, the petitions stands allowed. Rule is
made absolute to the aforesaid extent.
(M. R. MENGDEY,J)
NABILA
