PARAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent heard learned counsels for both the sides for final disposal.

(2.) First proceeding is filed for relief of quashing proceeding bearing Regular Criminal Case No. 91 of 2010, which is pending in the Court of Judicial Magistrate, First Class, Ambad and which is filed for the offences punishable under Sections 420, 467, 468, 471 and 474 read with Section 34 of the Indian Penal Code (IPC). The prayer is also made for quashing and setting aside orders dated 04-12-2011 and 12-12-2011 passed below Exhibit-1 in the aforesaid proceeding by Judicial Magistrate, First Class, Ambad.

(3.) The proceeding is filed by respondent No. 2 as private complaint and he has made allegations against three persons that behind his back revenue record of land Gut No. 194 situated at village Math Pimpalgaon, Tahsil Ambad, District Jalna was changed and attempt is made to deprive him of his share in 99 R portion of the said land. It is contended that portion of 99 R land was purchased by him with accused No. 1 under joint sale deed dated 08-02-1990 and so accused No.1 and he have shares in 99 R portion of land. It is contended that on the basis of sale deed, mutation entry No. 334 was sanctioned on 19-05-1990 and entry was made in the revenue record of the sale deed. It is contended that under mutual agreement he and accused No.1 started cultivating the separate portions and Southern portion was given to him of his share. It is contended that behind his back accused No.1 changed the revenue record and he created bogus partition document showing that he had given Southern portion to his son, accused No.2 and mutation entry No. 992 was made. It is contended that attempt was made to show that accused No.1 was owner of entire 99 R portion and out of that portion one half portion was given to accused No. 2. Due to aforesaid allegations, the Magistrate first passed the order under Section 202 of the Code of Criminal Procedure (Cr.P.C.) and directed the concerned Police Station to make investigation. Then, on 12-12-2011, the Magistrate made order of investigation under Section 156(3) of Cr.P.C. and directed the Police to make investigation. Due to this order, Crime No. 8 of 2011 came to be registered in Ambad Police Station, District Jalna for aforesaid offences.