GOPAL RAMCHANDRA ABEWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed u/s. 482 of the Cr. P. C. for quashing of F. L. R. lodged by Respondent No. 3 on 24-4-2007 at sadarbazar Police Station, Jalna for offences u/ss. 420, 468, 504, 506 read with Section 34 of the I. P. C.

(2.) For amplification of understanding the nature of dispute, a brief resume of facts may be taken. The dispute relates to an open plot bearing CTS No. 4076, admeasuring 9277 sq. ft. According to the Respondent No. 3, who lodged the F. I. R. , he agreed to purchase the said open plot for consideration of rs. 50,00,000/ -. He paid earnest amount of rs. 51,000/- to the owners Nandkishor Jaiswal and others. He was inducted in possession thereof. About a month prior to lodging of the f. L. R. he came to know that the applicant nos. l and 2 had fabricated a false document styled as "taba Isar Pawati" dated 30-3-1999 which was purportedly executed by original owner Lalchand Bhurelal Yadav. They were abusing and were giving threats to him. They were trying to disturb his possession by erecting a hut in the open plot. Consequently, he urged to carry out investigation in regard to forgery of the document, offence of cheating and that of criminal intimidation.

(3.) The police registered an offence and started the investigation. It appears that the Police recorded some of the statements including that of said Lalchand Yadav.