Khatri Rasidabanu Abdulsatar vs State Of Gujarat on 2 April, 2026

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    Gujarat High Court

    Khatri Rasidabanu Abdulsatar vs State Of Gujarat on 2 April, 2026

                                                                                                                      NEUTRAL CITATION
    
    
    
    
                                R/CR.RA/730/2018                                      JUDGMENT DATED: 02/04/2026
    
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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
                                   PASSED BY SUBORDINATE COURT) NO. 730 of 2018
    
    
                          FOR APPROVAL AND SIGNATURE:
    
    
                          HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
    
                          ============================================
    
                                        Approved for Reporting                       Yes           No
    
                          ============================================
                                         KHATRI RASIDABANU ABDULSATAR
                                                         Versus
                                              STATE OF GUJARAT & ORS.
                          ============================================
                          Appearance:
                          D C BHATT(7618) for the Applicant(s) No. 1
                          MR D V KANSARA(7498) for the Applicant(s) No. 1
                          MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
                          ============================================
    
                             CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
    
                                                            Date : 02/04/2026
    
                                                                  JUDGMENT
    

    (1) By way of present criminal revision application the applicant has

    assailed the judgment and order dated 25.01.2018, in Criminal

    SPONSORED

    Appeal No.18 of 2017, passed by the learned Sessions Judge,

    Kachchh at Bhuj, whereby, the learned Sessions Judge has

    dismissed the appeal and confirmed the judgment and order

    dated 27.03.2017, in Criminal Case No.208 of 2006, passed by

    the learned Chief Judicial Magistrate, Bhuj – Kachchh, (who shall

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    NEUTRAL CITATION

    R/CR.RA/730/2018 JUDGMENT DATED: 02/04/2026

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    hereinafter be referred to as “learned trial Court”), whereby,

    the learned trial Court has been pleased to acquit the

    respondent nos.2 to 6 – original accused, from the charges

    levelled against them. Being aggrieved by the above-mentioned

    orders the applicant – original complainant has filed the present

    revision application against acquittal of the respondent nos.2 to

    6 – original accused.

    (2) Heard learned Advocate for the applicant and learned APP for the

    respondent – State.

    (3) The brief facts of the present case are that the applicant –

    original complainant has filed a complaint being I-C.R.No.303 of

    2005, with Bhuj City Police Station, for the offences punishable

    under Sections 406, 420, 465, 468, 471 and 114 of the Indian

    Penal Code against the respondent nos.2 to 6 – original accused.

    After completion of investigation the Investigating Officer has

    filed a charge-sheet against the accused. That the learned

    Magistrate has framed charge against the accused and

    conducted the trial. After appreciating the evidence produced on

    record the learned trial Court was pleased to acquit all the

    accused from the charges levelled against them. Thereafter, the

    complainant has challenged the said order by filing Criminal

    Appeal which came to be dismissed by upholding the order of

    acquittal.

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    (4) Having heard the learned Advocates for the respective parties

    and perusing the record and proceedings it appears that the

    learned trial Court has properly appreciated the evidence led by

    the prosecution. It further appears that the learned trial Court

    has relied upon the judgment of the Hon’ble Supreme Court in

    case between Ms. Ibrahim and Ors., Vs. State of Bihar and Anr,

    reported in 2010 CrLJ, 2223, and observed that merely because

    the false facts are stated in the document does not automatically

    become false document as per Section 464 of the Code of

    Criminal Procedure and believed that the case for the charges

    levelled is not proved. The learned trial Court has also discussed

    the evidence of all witnesses and observed regarding admission

    of the complainant that the measurement of the land shown in

    document was 57.67 sq. mtr which is incorrect. The complainant

    has also admitted that the possession receipt at Exhibit 34 was

    issued in the name of the respondents by BHADA and the

    respondents were given 57.63 sq. mtr., and the respondents

    have executed the document of the said measurement. She has

    further admitted that the document at Exhibit 28 was executed

    after examining the documents on 28.04.2005 and therefore

    they are having knowledge about the entry no.212 in the

    revenue record and accordingly there is no dishonesty on the

    part of the respondents which was also agreed by the learned

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    Appellate Court. The learned trial Court has also observed that

    after the earthquake, BHADA has not allotted 16.15 sq. mtrs., of

    land to Vijayaben Rajgor which is also correct. Therefore, it is

    clear that the respondents have sold the land to the complainant

    which was allotted to them by BHADA. The entry no.212 in

    Exhibit 32 was mutated on 24.10.2012 and not before the

    earthquake and thus the respondents have sold the land which

    was shown in the document was allotted by BHADA to the

    respondents. Further, the complainant and her witnesses are

    saying that they have examined all the documents and exhibited

    the same and therefore it cannot be believed that they have not

    seen the government record and the entries in the Government

    record are admitted by them which also suggest that they have

    seen the record. Furthermore, the Investigating Officer

    examined at Exhibit 185 has not recorded the statement of the

    employees of City Survey Officer and BHADA and therefore it

    was not ascertained as to how much exact land was allotted to

    the respondents. In this way the complainant failed to prove that

    the respondents have suppressed the said fact regarding sale of

    16.15 sq. mtr to Vijayaben and taken full consideration for 57.63

    sq. mtr and handed over only 41.48 sq. mtr of land dishonestly.

    (5) In addition the scope of revisional jurisdiction is very limited and

    power under Section 401 of the Code is discretionary and it is

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    required to be used only in exceptional cases where glaring

    defect in the procedure and manifest error of law or there has

    been miscarriage of justice. Here no any such error is pointed

    out or no perversity or illegality is found from the reasons

    assigned by both the Courts below, therefore, no case is made

    out to upset the concurrent findings of the learned trial Court

    and Appellate Court. Moreover, the revisional jurisdiction itself

    does not provide reappreciation of evidence and considering the

    limited jurisdiction the Court cannot act as Appellate Court.

    Hence, no case is made out for interference with the impugned

    findings in light of scope of revision laid down by the Hon’ble

    Apex Court in Amit Kapoor Vs. Ramesh Chander, reported in

    2012 (9) SCC 460.

    (6) In view of above, the present Criminal Revision Application

    stands dismissed. Record and proceedings, if any, be sent back

    to the concerned Court forthwith.

    (HASMUKH D. SUTHAR,J)
    ANKIT JANSARI

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