RAJSHREE AMARDEEP KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Registration of Crime No. 385/2021 with Gittikhadan Police Station, Nagpur for offence punishable under Sections 406, 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code, led applicants to seek pre-arrest protection in terms of Section 438 of the Code of Criminal Procedure.

(2.) Applicant - Rajshree Kamble has purchased a piece of land in the name of her daughter Anisha Kamble vide sale deed dated 23.05.2018. Her title was in dispute since said plot was already sold by the vendor to someone else. Applicant Rajshree prepared a layout over the adjacent government land and sold it to different plot holders. Applicant - Vasudeo Ingole was an agent working in the City Survey Office, who prepared a false and fabricated Non Agricultural Order (N.A.) with the aid of his associate, applicant - Kamlesh Samarth for mutating name of Anisha Kamble. Co-accused Shahnawaz Khan, who was a estate agent, was already arrested. Another co-accused who were partners of SRB Developers have been protected by this Court.

(3.) A land situated at Mouza Gorewada, bearing Khasara No. 103/4/C was initially owned by one Nilkanth Mendhe. In the year 1984 the original owner Nilkanth Mendhe sold said land admeasuring 1 Hector to one Nilima Shukla, whose name was also mutated to the revenue record. It is the prosecution case that applicants Rajshree and Anisha in connivance with the legal heirs of owner Nilkanth and co-accused Shahnawaz, got executed sale deed of the same land bearing Khasra No.103/4/C in the name of Anisha vide sale deed dated 23.05.2018. The said sale deed was executed by Abdul Jalil in the capacity of power of attorney holder of legal heirs of Nilkanth. Rajshree and Anisha by conspiring with Wasudeo Ingole and Kamlesh Samarth got prepared false N.A. order pertaining to the said land. Moreover, by conspiracy with the city survey officials, got mutated their name to the city survey record. While mutating names, they have suppressed that the land was already sold by Nilkanth to one Nilima Shukla. They have deceitfully used old 7/12 extract of the land standing in the name of Nilkanth for effecting mutation. Thereafter Rajshree and Anisha prepared a layout plan on the adjoining land bearing Khasra No.106 belonging to forest department. They misled the city survey department and got carried measurements of the land Khasara No.106 by posing it to be their own land bearing Khasara No.103/4/C.