PUSHPA OMPRAKASH MANTRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the learned Counsel for the parties, the matter is taken up for final disposal.

(2.) By this application, the applicants are seeking to quash and set aside the First Information Report registered vide Crime No.1098/2023 with the Police Station, Gadge Nagar, Amravati City, District-Amravati for the offence punishable under Ss. 420, 465, 467, 468, 471, 120-B r/w 34 of the Indian Penal Code.

(3.) In short, the gist of the allegation against the present applicants as per the prosecution is that, the present applicants and non-applicant no.2 jointly filed an application dtd. 17/8/1993 before the Sub-Divisional Officer, Amravati for exchange of the suit field owned by non-applicant no.2 with field owned by applicants. Accordingly, Revenue Case was registered and permission was granted by an order dtd. 7/10/1993 by the office of Sub-Divisional Officer to exchange the suit field. However, lateron it is alleged that the present applicants got the exchange-deed of suit field without consent of non-applicant no.2 and said exchange-deed was not fully stamped as required under the provisions of law. The deficit stamp duty was paid in the year 2008. Hence, according to non-applicant no.2, by using the incomplete document, the present applicants mutated their names in revenue record as an owners of the property and committed fraud on non-applicant no.2. On the basis of these allegations, above said offence came to be registered against them.