Abdul Wahid Gulamnabi Shaikh vs State Of Gujarat
2025 Latest Caselaw 1383 Guj

Gujarat High Court

Abdul Wahid Gulamnabi Shaikh vs State Of Gujarat on 28 July, 2025

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                             R/CR.MA/8284/2014                                      ORDER DATED: 28/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 8284 of 2014
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                                           ABDUL WAHID GULAMNABI SHAIKH & ANR.
                                                          Versus
                                                 STATE OF GUJARAT & ORS.
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                       Appearance:
                       DELETED for the Applicant(s) No. 1
                       MR ADIL R MIRZA(2488) for the Applicant(s) No. 2
                       MR CHINTAN DAVE, APP for the Respondent(s) No. 1
                       RULE SERVED BY DS for the Respondent(s) No. 3
                       Z L KHAN(7966) for the Respondent(s) No. 2
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 28/07/2025

                                                            ORAL ORDER

Vide order dated 10.3.2015, learned advocate for the petitioners had not pressed present petition qua petitioner No.1.

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.I-46 of 2014 registered with Valsad City Police Station for the offences under Sections 406, 420, 465, 467, 468, 471, 114 of Indian Penal Code and all the consequential proceedings arising therefrom.

2. Learned advocate Mr. ZL Khan for the respondent No.2 submits that the respondent No.2 has taken away papers of the matter from him. It is to be noticed that learned advocate Mr. Khan has not withdrawn his Vakalatnama by following

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procedure laid down in Gujarat High Court Rules, 1993 and as per Rule, he is still representing the respondent No.2. Learned advocate for the respondent No.2 did not argue anything.

3. Insofar as petitioner No.2 is concerned, firstly, it is to be noted that the petitioner No.2, who had not pressed this petition, faced the trial before the learned trial Court in Criminal Case No.709 of 2015 and has been acquitted by the learned trial Court after assessing evidence on record. Perusal of the impugned order discloses that in appreciation of the evidence, the learned trial Court found that signature on the gift deed belongs to the complainant. The finding of the learned trial Court has not been challenged or at least it is is not brought to the notice of this Court by any of the learned advocates for the parties. That judgment and order delivered in Criminal Case No.709 of 2015 has been challenged.

4. The principal allegation in the FIR against the petitioner could be ascertained from the gist of the FIR, which reads as under:-

"Thereafter, partners of the partnership firm, namely Abdul Vaahid Gulamnabi Sheikh and Yasmin, daughter of Gulamnabi Sheikh and widow of Ibrahim Mohamed, both residents of Abbas Chamber, Valsad City Police Station, in collusion with each other, prepared an illegal, bogus, and fake Gift Deed concerning the property, including construction works and land bearing City Survey Nos. 4257, 4203, 4204, and 4205, situated within the limits of Valsad Municipality and registered in the name of Abbas Corporation Partnership Firm. Though they were aware that the said property belonged to the Partnership Firm, they individually entered the

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names of the partners in the Gift Deed, produced it to the City Survey Office, Valsad, on 17/08/2000, without my consent and knowledge, utilized it as an original document, and expunged my name from the City Survey records. Thus, they have caused me financial loss through criminal deception. I did not affix my signature in the Gift Deed. They subsequently handed over the said property to a third person on rent without my knowledge, thereby gained illegal economic benefit and caused me further financial loss. Furthermore, my partnership firm conducts business under the name Abbas Corporation and holds a bank account with Account No. CA/2622-08780200000046 at the Band Soi Road, Station Road Branch, Valsad. On 01/08/2011, they affixed my fake signature to the Bank Account Closure Form to close this account without my knowledge. In collusion with each other, both of them affixed fake signatures of my mother, Fatima Bibi, and my father, Gulamnabi Sheikh, though they passed away and fabricated a false document. In spite of knowing that the said document was fabricated, Abdul Vaahid Gulamnabi Sheikh affixed his signature and presented it to the Bank of Baroda, Station Road Branch, Valsad, and closed the Partnership Firm's account. Thereafter, he opened an account at the Bank of Baroda, Station Road Branch, Valsad, bearing Account No. CA-087802-000000669 as a proprietor of Abbas Corporation in his own name, Abdul Vahid Gulamnabi Sheikh, and transferred money from the Partnership Firm's account into this new account without my consent or knowledge. Upon becoming aware of this incident, I sent a letter on 11/01/2012 to the Bank of Baroda, Station Road, Valsad, indicating this illegal act committed by the accused persons. I received a response to the said letter from the Bank on 25/01/2012 which provided me with all the details of the actions committed by the accused persons. Therefore, I formally requested the said Bank to close the account opened in the name of the accused, Abdul Vahid Gulamnabi Sheikh, through a letter dated 05/01/2013, and in response, the Bank

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informed me of the freezing of the said account on 07/01/2013, through a letter."

5. The principal allegation against the petitioner is that he has helped petitioner No.1 in getting forged gift deed to remove name of the complainant from the properties of the partnership firm, which previously belonged to the father of the complainant. However, as noted herein above, the learned trial Court in his categorical findings recorded that signature of the complainant on the gift deed is proved to be genuine. In the aforesaid circumstances, FIR prima facie found abuse of process of law. According to this Court, hence, continuation of proceedings against the petitioner is a futile exercise.

6. In the case of State of Haryana Vs. B.Bhajanlal & ors., AIR 1992 SC 604, the Hon'ble Apex Court summed up the proposition of law, which reads as under:-

"(1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations ins the F.I.R. and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under S.156(1) of the Code except under an order of a Magistrate within the purview of S.155(2) of the code.

(3) Where, the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same donot disclose the commission of any offence and make out the case against the accused.

(4) Where, the allegations in the F.I.R. do not constitute a

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cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under S.155(2) of the Code.

(5) Whether, the allegations made in the F.I.R. or complaint are sO absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where, there is an express legal bare engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) toi the institution and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

6.1 The findings of the Hon'ble Apex Court in para 1,3 and 7 are attracted in the present case. In view of above, present petition deserves consideration.

7. In the result, the application is allowed. The impugned FIR being C.R.No.I-46 of 2014 registered with Valsad City Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SHEKHAR P. BARVE