JAIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal arising from S.L.P (Crl.) No. 8553 of 2015 challenges the Judgment and Order dated 30.03.2015 passed by the High Court of Bombay at Aurangabad in Criminal Application No.1358 of 2012. Said Criminal Application was filed for quashing of FIR of Crime No.264 of 2011 and the consequential charge-sheet leading to the registration of RCC No.1100 of 2012 in the Court of Judicial Magistrate, First Class, Aurangabad.

(2.) Crime No.264 of 2011 was registered with City Chowk Police Station, Aurangabad pursuant to FIR registered on 20.09.2011 at the instance of Purushottam Kulkarni, Assistant Director, Town Planning, Municipal Corporation, Aurangabad. It was alleged that four accused namely Jairam Salunke- the appellant, Sitaram Shankar Gaikwad, Suresh C. Kapale, the then Special Land Acquisition Officer, Aurangabad and A.F. Ansari, the then Director Planning, Office of Land Acquisition, Aurangabad had entered into a conspiracy, pursuant to which fabricated documents were created and in land acquisition proceedings concerning land bearing City Survey No. 20722, situated within the limits of Aurangabad Corporation, compensation to the tune of Rs. 23.48 lacs was received by the appellant without there being any entitlement. After due investigation, charge-sheet was filed on 29.06.2012 against aforementioned four accused for the offences punishable under Sections 406, 409 read with Sec. 120(B) of IPC. The basic allegations in the charge sheet were:-

(3.) Soon thereafter Criminal Application Nos. 1358 of 2012 and 1361 of 2012 were filed by the appellant and said Suresh C. Kapale, the then Special Land Acquisition Officer respectively. It was principally submitted that :-