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CRI.APPLICATION NO.4614/2012
BENCHATAURANGABAD
C
ou
CRIMINALAPPLICATIONNO.4614OF2012
RavindraBabulalJain,
Age45yrs.,Occ.Business,
VardhamanResidency,Ulkanagari,
Auragabad.
2.
AshishTejmalMugdiya,
Age36yrs.,Occ:Business,
r/o.N3,CIDCO,Aurangabad.
...PETITIONERS
VERSUS
TheStateofMaharashtra,
ThroughtheSecretary,
HomeDepartment,
Mantralaya,Mumbai32
TheDy.SuperintendentofPolice,
AntiCorruptionBureau,Aurangabad,
Tq.&Dist.Aurangabad.
...RESPONDENTS
...
Mr.R.R.Mantri,Advocatefortheapplicants.
Mrs.A.V.Gondhalekar,APPforrespondentState.
...
CORAM:R.M.BORDE
AND
P.R.BORA,JJ.
***
Dateofreserving
thejudgment:September8th,2015
Dateofpronouncing
thejudgment:October1st,2015.
***
om
ba
y
2.
ig
h
1.
1.
rt
INTHEHIGHCOURTOFJUDICATUREOFBOMBAY
1.
CRI.APPLICATION NO.4614/2012
rt
C
ou
2.
ig
h
1958.
On
30.8.2012,
Shri
Bramhadeo
Vasudeo
Bureau,
Aurangabad,
filed
written
report
ba
y
om
applicants
and
Sau.Kavita
two
Kadam
others,
on
CRI.APPLICATION NO.4614/2012
namely,
30.8.2012
Shri
for
Made
the
and
rt
offenses
C
ou
ig
h
The applicants
3rd
November,
2012,
and
thereafter,
on
3rd
3.
on bail.
ba
y
The sale
om
December,
Aurangabad.
2008
before
the
Sub
Registrar-II,
It is
CRI.APPLICATION NO.4614/2012
rt
C
ou
The present
of
ig
h
only.
According
to
the
that
while
registering
the
subject
ba
y
om
Prosecution
case
also
reveals
that
Shri
CRI.APPLICATION NO.4614/2012
rt
5.
Shri
R.R.Mantri,
C
ou
counsel
for
the
ig
h
ba
y
om
was
document
shown
for
by
the
applicants,
registration
and
he
accepted
registered
the
the
same.
rt
present applicants.
CRI.APPLICATION NO.4614/2012
C
ou
made
in
ig
h
early
morning
and
it is writ large
even
before
ba
y
om
Learned
prosecution
applicants.
initiated
against
the
present
CRI.APPLICATION NO.4614/2012
rt
Government
Government.
and
causing
C
ou
loss
to
the
ig
h
applicants.
the
Learned A.P.P.
ba
y
om
7.
the applicants as
rt
Penal Code.
CRI.APPLICATION NO.4614/2012
C
ou
As
ig
h
Section
talks
of
cheating
with
knowledge
that
ba
y
om
9.
(Section
471)
are
alleged
to
have
been
rt
(II)
CRI.APPLICATION NO.4614/2012
C
ou
(III) The ready recknoer rate and zone number are not
mentioned at the top of the document of sale deed.
(IV) The
market
value
of
the
subject
property
is
(V)
ig
h
ba
y
to
the
Government
to
the
tune
of
om
Rs.12,76,000/-.
10
CRI.APPLICATION NO.4614/2012
rt
C
ou
forgery.
11.
ig
h
ba
y
forgery.
om
cases may perhaps be liable for other offences, but not the
offence of forgery.
11
rt
13.
CRI.APPLICATION NO.4614/2012
C
ou
ig
h
should be a use of forged document. As discussed herein-above, none of the documents as alleged by the
prosecution can said to be a forged document. When the
ba
y
because in the in-put form and the cover page of the Deed
om
12
rt
16.
CRI.APPLICATION NO.4614/2012
C
ou
ig
h
ba
y
om
18.
It is assessed by determining
13
CRI.APPLICATION NO.4614/2012
rt
the year 2008 for the area / zone under which the subject
C
ou
property is situated.
19.
of
Jawajee
Nagnatham
ig
h
the
V/s.
Revenue
ba
y
om
20.
14
CRI.APPLICATION NO.4614/2012
C
ou
21.
rt
ig
h
ba
y
om
In
fact,
the
consideration
paid
of
The
15
CRI.APPLICATION NO.4614/2012
rt
C
ou
ig
h
ba
y
the Sub
om
This may
also be the reason that the Sub Registrar did not conduct
any further enquiry or objected to the market value as
shown of the property in question.
Prima-facie, we find
Further, even if
16
CRI.APPLICATION NO.4614/2012
rt
C
ou
ig
h
ba
y
om
17
CRI.APPLICATION NO.4614/2012
C
ou
rt
ig
h
ba
y
om
23.
The
to
verification
check
by
the
concerned
18
CRI.APPLICATION NO.4614/2012
rt
24.
C
ou
ig
h
showing
the
value
of
the
subject
property
ba
y
by the Government for the year 2008; but then the offence
which may be made out would be under the penal
provision of the Stamp Act i.e. under sections 59 and 62 of
om
the said Act and not under the Indian Penal Code.
In view
In
so
far
as
the
prosecution
under
the
Division,
Aurangabad
in
Special
Civil
Suit
19
rt
Court.
CRI.APPLICATION NO.4614/2012
C
ou
ig
h
ba
y
om
the
Prevention
of
Corruption
Act
against
the
applicants.
Rule made absolute in above terms.
(P.R.BORA)
JUDGE
(R.M.BORDE)
JUDGE
...
AGP/crapln4614-2012