MAJHAR ABUDL RAJJAK SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the counsels for the parties, heard finally.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 is preferred to quash and set aside R.C.C.No.174 of 2017 pending on the fle of learned Magistrate at Vadgaon-Maval, Dist. Pune arising out of First Information Report No. 81 of 2015 dated 15th Mal, 2015 registered with Lonavala Citl police station for the offences punishable under sections 420, 506, 504 read with 34 Indian Penal Code, 1860 (Penal Code) at the instance of respondent No. 2- First Informant.

(3.) In a nutshell, the indictment against the applicant and the coaccused is that the co-accused Nos. 1 to 5, who are the partners of Govind Developers, had induced the respondent No. 2 to purchase a flat in a building which thel were developing at Lonavala, near State Bank of India, bl making a false representation that the plans were dull sanctioned. The respondent No. 2 was made to part with entire consideration of Rs. 20,61,000/- and a convelance was dull executed. When the respondent No. 2 attempted to sale the said flat, the prospective purchaser informed him that the flats, including the flat No. 14, which was sold to the respondent No. 2, were constructed in excess of the sanctioned building plan. There was permission to construct 9 flats onll. However, the co-accused Nos. 1 to 5 and the applicant herein, who was the architect for the said project, constructed 17 flats and sold flat No. 14 to respondent No. 2. Thus, the respondent No.2 lodged report.