SANJAY PUNAMIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 438 of the Code of Criminal Procedure (hereinafter referred to as the "Code ") apprehending arrest under Section 420, 467, 468, 470, 471 of the Indian Penal Code (IPC) read with Section 13(1)(d) of Prevention of Corruption Act, registered vide Crime No.201 of 2016 with Police Station Thane.

(2.) The prosecution case as set out in the First Information Report (FIR) is thus :

(3.) The prosecution then contends that the informant visited Mira-Bhayander Municipal Corporation in order to ensure that old Survey No.663 (new Survey No.237) having construction plan has been duly approved on the basis of documents. The informant further found that the ULC order mentioned in the construction work of the building being constructed at old Survey No.664 and new Survey No.236 was also mentioned and non-agricultural permission was also obtained on the same basis. He was now fully convinced that Muralidhar Agarwal through his brother Shyamsunder Agarwal obtained the required Certificate from the ULC department.