MANSI MILIND CHIPLUNKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.419 of 2019 registered with Juhu Police Station, Mumbai for offences punishable under Ss. 417, 420, 448, 467, 468, 471, 341 read with Sec. 34 of the Indian Penal Code, 1860, the applicant is seeking relief of pre-arrest protection under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) One Priti Rajendra Chand filed a complaint against accused No.1, Kandadale Ramesh Rao alleging preparation of false and fabricated documents and sell of property to purchasers like applicant. According to prosecution, the part of Nalanda Shopping Center admeasuring 34,346 sq. ft.. The original owner allotted 11,100 sq. ft. of built up area to Aviation Travels Private Limited on 6/8/1982. According to prosecution, Aviation Travels Private Limited, without authority to execute sale deed, sold various premises in the shopping center to various persons including the applicant without any consideration. The applicant was initially not named in the report, however, role of applicant surfaced during investigation. The investigating agency, therefore, added names of the applicant and similarly situated persons in the charge-sheet as accused. According to prosecution, despite knowledge of defective title, the applicant mortgaged property in favour of the bank and obtained loan of Rs.14.00 crore.

(3.) The applicant, therefore, applied for relief of pre-arrest protection under Sec. 438 of the Criminal Procedure Code, 1973 before the learned Additional Sessions Judge, Dindoshi which came to be rejected by order dtd. 13/10/2022. The applicant, therefore, filed present anticipatory bail application.