KASHINATH Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) Rule, rule made returnable forthwith. Heard by consent of both the sides for final disposal.

(2.) The proceeding is filed under section 482 of the Code of Criminal Procedure for relief of quashing of F.I.R. of CR No.198/2014 registered in Ambajogai City Police Station, District Beed for offences punishable under sections 420, 463, 471, 192, 201, 218, 166, 34 of the Indian Penal Code. The crime is registered on the basis of private complaint filed by respondent No.2 in which the order of investigation is made by the learned Judicial Magistrate, First Class, Ambejogai under section 156(3) of the Code of Criminal Procedure. Respondent No.2 is uncle of the applicant. Santaram was the father of complainant. Santaram left behind three sons like Shivappa, Vishnu and Shivling (complainant). Shivappa is dead and applicant is son of Shivappa. Agricultural land bearing Gat No.75 to the extent of 2 hectares 28 R was owned by Santaram.

(3.) It is the case of the complainant that out of aforesaid portion, land admeasuring 1 hectare 14 R is entered in the name of the complainant and land admeasuring 1 hectare 14 R is entered in the name of Vishnu. It is contended that there was no entry of the name of either Kashinath or his father Shivappa in the revenue record of this land and present applicant was never in possession of this land. It is contended that present applicant was staying outside due to his service.