Case Note & Summary
The applicant, a Gramsevak working with Grampanchayat, filed four Criminal Applications before the High Court seeking quashing of the proceedings and the order of issuance of process against him in complaints filed by different complainants. The complaints alleged that the applicant, along with other accused, had committed offences under Sections 166, 167, 192, 420, 421, 463, 464, 468, 471 of the Indian Penal Code and Sections 81 and 82 of the Registration Act, 1908. The allegations pertained to a cooperative housing society, Radhanagari Cooperative Housing Society, where complainants were granted plots. It was alleged that the land was mortgaged to the government in 2006, but the accused failed to make an entry of the mortgage deed in government records. Subsequently, sale deeds were executed in 2013 in respect of those plots, despite knowledge that the property could not be transferred. The applicant, as Gramsevak, was accused of conspiring with the other accused and not making the necessary entry. The complainants had initially prayed for investigation under Section 156(3) of the Code of Criminal Procedure, 1973, but the Magistrate recorded verification and statement of a witness and issued process against the accused. The applicant challenged this order before the High Court. The judgment text provided is incomplete and does not record any arguments by the parties, nor any finding or decision by the court.
Headnote
A) Criminal Procedure - Quashing of Criminal Proceedings - Section 482 of Code of Criminal Procedure, 1973 - The applicant, a Gramsevak and original accused, filed applications to quash the proceedings and order issuing process against him in four private complaints; the complaints alleged offences under various sections of the Indian Penal Code and Registration Act pertaining to non-entry of a mortgage deed and subsequent sale of cooperative society plots; the High Court heard the applications but the judgment text is incomplete and does not contain any findings, ratio, or final order.
Issue of Consideration
Whether the criminal proceedings and issuance of process against the applicant, a Gramsevak, for alleged non-entry of mortgage deed and conspiracy in sale of mortgaged property, should be quashed.
Case Details
2018 LawText (BOM) (07) 34
Criminal Application Nos. 06344, 06345, 06346 & 06347 of 2016
Smt. Vibha Kankanwadi, J.
Mr. G.D. Kale holding for Mr. Mahadeo V. Nagargoje for applicant; Mr. A.A. Jagatkar, Additional Public Prosecutor for nonapplicant no.01; Mr. Suhas B. Ghute for nonapplicant no.02
Jitendra s/o. Satayawan Potbhare
1. The State of Maharashtra, 2. Balasaheb Ovhal (in 06344/2016), Atmaram Bansode (in 06345/2016), Rajaram Todkar (in 06346/2016), Balasaheb Shinde (in 06347/2016) and others
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Nature of Litigation
Criminal quashing petitions
Remedy Sought
Applicant (original accused no.07) sought quashing of proceedings and order of issuance of process against him in four private complaints.
Filing Reason
The applicant, a Gramsevak, was named as accused no.07 in complaints alleging cheating and forgery in connection with sale of mortgaged property of a cooperative housing society; he contended the proceedings were without basis and sought quashing.
Previous Decisions
The learned Magistrate recorded verification and statement of witness, and issued process against accused nos.01 to 10 under various IPC sections and Registration Act.
Issues
Whether the criminal proceedings and process against the applicant should be quashed.
Judgment Excerpts
All the applications have been filed by original accused no.07 for quashment of the proceedings against him and also the order of issuance of process against him, initiated at the behest of nonapplicant no.02 herein original complainants.
All the respondent no.02 in all these applications have filed similar complaint against accused persons, including the present applicant, contending that they have committed offences punishable under Sections 166, 167, 192, 420, 421, 463, 464, 468, 471 of the Indian Penal Code and Sections 81 & 82 of the Registration Act, 1908.
It is contended by all the complainants that though the house and the land was mortgaged to the government and the accused persons had the knowledge that such land cannot be transferred or sold, yet, no entry was taken in the government record by accused nos.07 to 09 in respect of the mortgage deed.
Taking into consideration the contents of the complaint and the verification as well as the documents, process has been issued against accused nos.01 to 10 under
Procedural History
The complainants filed private complaints alleging offences under IPC and Registration Act. Initially, they had sought investigation under Section 156(3) Cr.P.C., but the Magistrate didn't take that step. Instead, verification was recorded, statement of witness was taken, and then process was issued against accused nos.01 to 10. The applicant (accused no.07) then filed these Criminal Applications before the High Court seeking quashing of the proceedings and process order. The High Court heard all applications together on 30th July 2018, but the available text ends before any decision.
Acts & Sections
- Indian Penal Code, 1860: Section 166, 167, 192, 420, 421, 463, 464, 468, 471
- Registration Act, 1908: Section 81, 82
- Code of Criminal Procedure, 1973: Section 156(3)
