YASMEEN Y. SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is arrested on 20th February 2019 in connection with C.R. No. 402 registered at Bangur Nagar Police Station under Sections 420, 465, 467, 468, 470, 506 of the Indian Penal Code. The investigation in this case is completed and the charge is filed against the present applicant on 7th February 2020.

(2.) The prosecution case in brief is as follows : The First Information Report was lodged by one Subhash Mohite. According to him, his father Ganpat Mohite retired from Mumbai Municipal Corporation (MMC) and he has received his dues from MMC. The complainant and his family wanted to purchase a room for residing. Therefore, they searched for a room in the area of Tambe Galli, Bhagatsingh Nagar. The complainant met his friend Surendra Jadhav for that purpose. Surendra in turn introduced him to Lata Sonawane, Nanda Vaydande and Nasima Aapa. They were purportedly acting as brokers in the area. Nanda and Nasima showed complainant a room at Naseer Galli, Shreerang Sable Marg, Bhagatsingh Nagar no.2, Link Road, Goregaon (West). Nanda Vaydande introduced the complainant to the present applicant.

(3.) It is the case of the complainant that the applicant posed as owner of the room. The applicant told the complainant that the room was owned by one Shantadevi Gupta who had already expirerd. The applicant no.1 posed herself as the owner of the room at that time. She agreed to sell that room to the complainant for Rs.14,50,000/-. It is the case of the complainant that he paid amount of Rs. Five lakhs in cash to the applicant and the rest of the money was paid through RTGS and cheques. In all, he paid Rs.14,50,000/- to the applicant. It is further his case that the applicant gave him the original papers of the room. On 6th February 2019, the applicant gave the complainant the possession of the room. Subsequently, one of the neighbors informed the complainant that the title of the room was not clear. The complainant 's friend Surendra was knowing Shantadevi. The complainant and Surendra met Shantadevi 's son Bechu who informed him that Shantadevi was very much alive and they had sold the papers concerning that room to the applicant for Rs.40,000/-. The complainant confronted the applicant about the same. However, the applicant did not give any satisfactory answers and also threatened him. Because of this, the complainant lodged his FIR and the applicant was arrested as mentioned earlier.