Case Note & Summary
The petitioner, Sujit Suhasrao Deshmukh, an advocate, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 07.02.2024 passed by the Additional Sessions Judge, Parbhani, in Criminal Revision Application No. 34 of 2023. That order confirmed the order dated 01.02.2023 passed by the Chief Judicial Magistrate, Parbhani, below Exh. 55 in R.C.C. No. 88 of 2015, rejecting the petitioner's application for discharge from offences punishable under Sections 425, 463, 468, 471, 474, 120-B read with 34 of the Indian Penal Code, 1860, and directing investigation under Section 156(3) of Cr.P.C. The petitioner was original accused No. 12 in Crime No. 158 of 2012 registered with Nava Mondha Police Station, Parbhani, on 02.08.2012, which was registered as R.C.C. No. 88 of 2015. The background of the case involves a dispute over land bearing Survey No. 574, which originally belonged to one Mujahiddin Mohioddin Ahmed, who sold part of it to Vishwanath Govind Teli (Sakhare) in 1958, who in turn sold it to the Municipal Council, Parbhani, in 1966. The Municipal Council then transferred the land to the Government Industrial Training Institute (I.T.I.) in 1967. Despite these transfers, the revenue records continued to show Vishwanath Govind Sakhare as the owner. After his death in 1986, his sons (accused Nos. 13 and 14) mutated their names in collusion with revenue officers and sold the land to the petitioner and other accused on 31.12.2006 based on false documents. The complainant, representing the Government I.T.I., alleged that the accused conspired to grab government land by executing false sale deeds. The petitioner argued that he was a bona fide purchaser without knowledge of the alleged fraud and that no prima facie case was made out against him. The court, however, held that at the stage of discharge, only a prima facie case is to be seen, and the allegations of conspiracy and forgery were sufficient to proceed against the petitioner. The court dismissed the petition, upholding the orders of the lower courts and directing the trial to proceed.
Headnote
A) Criminal Procedure Code - Discharge - Section 482 CrPC - Prima Facie Case - The petitioner sought discharge from offences under IPC alleging no material against him - The court held that at the stage of discharge, only a prima facie case is to be seen and not the sufficiency of evidence - The allegations of conspiracy to grab government land and execution of false sale deeds constitute a prima facie case against the petitioner (Paras 1-38). B) Indian Penal Code - Forgery and Cheating - Sections 425, 463, 468, 471, 474, 120-B IPC - Conspiracy to Grab Government Land - The complainant alleged that the petitioner and other accused conspired to grab land belonging to Government I.T.I. by executing false and bogus sale deeds - The court found that the allegations, if proved, disclose the ingredients of the said offences - The petitioner's role as a purchaser with knowledge of the land's government ownership is sufficient to proceed (Paras 14-38). C) Criminal Procedure Code - Investigation - Section 156(3) CrPC - Direction for Investigation - The Magistrate had directed investigation under Section 156(3) CrPC - The court upheld the order, noting that the allegations required investigation to ascertain the truth - The revisional court's confirmation of the order was justified (Paras 3-38).
Issue of Consideration
Whether the petitioner is entitled to discharge from the offences punishable under Sections 425, 463, 468, 471, 474, 120-B read with 34 of IPC in light of the allegations of conspiracy to grab government land.
Final Decision
The petition is dismissed. The impugned order dated 07.02.2024 passed by the Additional Sessions Judge, Parbhani, confirming the order dated 01.02.2023 passed by the Chief Judicial Magistrate, Parbhani, rejecting the discharge application and directing investigation under Section 156(3) CrPC, is upheld.
Law Points
- Discharge under Section 482 CrPC
- Prima facie case
- Conspiracy to grab government land
- Forgery of sale deeds
- Mutation entries
- Section 156(3) CrPC investigation
