PANKAJ SAMBHAJI KATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present criminal application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as 'Cr.P.C.' for brevity), inter alia, praying to quash F.I.R. bearing Crime No.390/2022 registered with MIDC Police Station, Dist. Latur, for the offence punishable under Sec. 420, 465, 467, 468, 471 read with Sec. 34 of the Indian Penal Code (Hereinafter referred to as 'IPC' for brevity), and Regular Criminal Case No. 1824/2022 pending before the learned 3rd Judicial Magistrate, First Class, Latur, which is registered in pursuant to the charge-sheet bearing No. 376/2022 dtd. 23/11/2022 filed under Sec. 173 of the Cr.P.C. upon completion of the investigation pursuant to the said F.I.R.

(2.) Respondent No.2 is the informant, who has lodged the FIR with respondent No.1. The grievance ventilated in the FIR is in respect of a immovable property being plot of land bearing plot No.1 in Survey No.44/1A of village Khadgaon, Tahsil Latur, District Latur, which is now included within the limits of Municipal Council, Latur. The said plot is hereinafter referred to as 'subject plot' for brevity.

(3.) Respondent No.2 has stated in the FIR that his mother late Jaishree Bhaskarrao Ritpure had purchased the subject plot from late Chanappa Tukappa Shette vide registered sale deed dtd. 25/5/1989. He states that the same plot is again purchased by the applicant from Malikarjun Chanappa Shette under sale deed dtd. 7/12/2010. The allegation in the FIR is that the order of non-agricultural assessment dtd. 27/8/1987 bearing No.NA/LTR/574/87 has been tampered for the purpose of sale deed dtd. 7/12/2010 executed in favour of the applicant. The allegation is that instead of survey No.45, survey No.44 is mentioned in the N.A. Order and instead of name of Mr. Kumar, the name of Malikarjun is mentioned therein. The informant states that by such fabrication of N.A. Order, the property which was purchased by his mother and is now owned by him is sold by Malikarjun, accused No.2 to the applicant - accused no.1 for consideration of Rs.5,30,000.00 vide sale deed dtd. 7/12/2010. The other two accused persons are witnesses to the sale deed dtd. 7/12/2010. Accused No.2 i.e. vendor of the applicant is son of the vendor of the mother of respondent No.2 ' informant.