KAMALBAI VILAS WAGHMARE Vs. GUNDA @ GUNDAJI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of both the sides the petition is heard finally at the admission stage.

(2.) By the present petition under Article 227 read with Sec. 482 of the Cr.P.C., the Petitioner takes exception to the order dtd. 29/6/2022, passed by the learned Sessions Judge, Ahmedpur, Dist. Latur in Criminal Revision Application No.3/2019 and thereby upheld the order of refusal of directions u/s 156(3) of Cri. P. C. passed by the JMFC, Court No.2, Ahmedpur in Cri. Misc. Application No.213/2018 on 20/4/2019.

(3.) In brief facts giving rise to the present petition are that, the Petitioner filed Cri. Misc. Application No. 213/2018 before the learned JMFC, Ahmedpur, alleging that, she is owner and in possession of agricultural land bearing Survey No.123 total ad-measuring 1 H 25 R in pursuance of sale-deed executed in the year 2008. Her husband was serving with the Mumbai Municipal Corporation. She alone is cultivating the said land, however, the Respondent Nos.1 to 4 (Accused) by taking disadvantage executed the agreement to sale in respect of her agricultural field and under her fake and false signature prepared documents i.e. Agreement to Sale. Since the Respondent Nos. 1 to 4/Accused created false and fabricated agreement to sale, therefore, they have committed an offence punishable under Sec. 119, 120, 420, 120-B, 463, 464, 467, 468, 470, 471, 474, 141, 142 read with Sec. 34 of the I.P.C., hence, prayed for direction to register an FIR and further investigation under Sec. 156(3) of the Cr.P.C. The Complainant/Petitioner further alleged that, the Respondent No.1 filed a Civil Suit bearing RCC No.258/2014 before the Civil Court, Ahmedpur and prayed for decree of specific performance of the contract on the basis of false and fabricated agreement to sale.