HIRABHAI HAJABHAI CHAUHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicants under Sec. 438 of the Code of Criminal Procedure apprehending arrest under Sections 420, 406, 467, 468, 471 read with 34 of the Indian Penal Code (IPC) registered vide Crime No.27 of 2021 with Police Station Surgana.

(2.) Informant and applicant no.1 were partners. According to prosecution, somewhere in the year 2012-2013, applicant nos.1 and 2 prepared a project in respect of Hira Farm and Resorts in Gat No.10 to 13 of Mauje Hatgad and informed the informant that although they would sell the farm house for a consideration of Rs.1 crore to others, but they would offer him for Rs.75 lacs. Accordingly, the informant booked three farm houses and made payment of Rs.1,51,00,000.00 by cheques. The prosecution alleges that the applicants and co-accused had shown informant a false 7/12 extract in respect of Gat Nos.10 to 13 and claimed that the said gat number belonged to them. Without obtaining the permission of the government, the project was stalled. When the informant demanded monies, the applicants and others refused and threatened him.

(3.) The informant, accordingly, filed a complaint under Sec. 156(3) of the Cr.P.C. before the Judicial Magistrate First Class, Dindori, on which the learned Judicial Magistrate First Class was pleased to direct the concerned police station to investigate the matter under Sec. 156(3) of the Cr.P.C. and accordingly the First Information Report (FIR) came to be registered against the applicants.