MAHESHKUMAR HARGOVIND GOYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

(2.) In this petition, filed under Article 227 of the Constitution of India, challenge is to the order dtd. 7/6/2022, passed below Exh.80 by learned Judicial Magistrate, First Class, Court no.10, Nagpur, whereby learned Magistrate was pleased to grant permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner under Sec. 173 sub-Sec. (8) of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C. " for short).

(3.) The facts giving rise to this petition are as follows : The petitioner is accused no.7 in a crime bearing No. 343/2016, registered at Police Station, Wadi, Nagpur City, Nagpur for the offences punishable under Sec. s 420, 465, 468, 471 read with Sec. 34 of the Indian Penal Code. The sum and substance of the case of the prosecution is that on 18/6/2016, the Tahsildar, Nagpur Gramin, lodged a report at Police Station, Wadi. In his report, he has stated that the owners of land bearing survey Nos.103/1 and 103/2, admeasuring 6.27 HR, namely the Directors of Ankur Estate Private Limited, through Kamalkishor Agrawal and Ankur Brijkishor Agrawal, created forged NA (non-agriculture) order by using the rubber stamp and making signature of the Collector. It is stated that the owners of the land i.e. accused nos.1 and 2, did not make any application for conversion of their land for NA purpose. A photocopy of the said forged NA order was submitted before the Talathi, who is later on made accused in the crime, by the petitioner/accused no.7. On the basis of the report, the Investigating Officer conducted investigation. The investigation inter-alia revealed the complicity of near about seven accused, including the petitioner, in commission of the crime.