( PER : SMT. VIBHA KANKANWADI, J. )
1 Present application has been filed under Section 482 of the Code
of Criminal Procedure, 1973 by original accused No.6 for quashing the
proceedings in Regular Criminal Case No.828/2021 pending before learned
Judicial Magistrate First Class, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar
arising out of First Information Report vide Crime No.11/2020 dated
04.01.2020 registered with Police Station, Shrigonda, for the offence
punishable under Sections 199, 200, 420, 423, 467, 468, 471, 472 read with
Section 34 of the Indian Penal Code, 1860.
2 Heard learned Advocate Mr. D.S. Bhapkar for applicant, learned
APP Mr. A.M. Phule for respondent No.1 and learned Advocate Mr. Akram
Inamdar holding for learned Advocate Mr. S.S. Kazi for respondent No.3.
3 Learned Advocate for applicant has taken us through the entire
charge sheet and submits that First Information Report came to be lodged on
the basis of order passed below Exh.1 in Regular Criminal Case No.315/2019
3 28_Cri.Appln_1264_2024
on 17.12.2019 by learned Judicial Magistrate First Class, Shrigonda (Court
No.1). Present applicant was serving as Talathi of village Mandavgan, Tq.
Shrigonda at the relevant time. An application was made on 04.02.2019 by
informant for taking the entry of legal representatives of one Usman
Shahabuddin Inamdar, who was holding Devasthan Inam Class-III land
bearing Gat No.593 and 559 at village Mandavgan. Copy of the said
application has been received by the applicant and after receiving said
application, being Talathi applicant has taken the entry. However, later on
the other accused filed application for entering their names in view of the
Will that was allegedly left by Usman Shahabuddin on 12.05.1991. When it
was found by applicant that the same property has been claimed by two
different groups or alleged legal heirs, he had forwarded the application to
Tahsildar, as the applicant was not empowered to decide the said application.
The applicant had taken utmost care to observe the procedure as
contemplated under the Maharashtra Land Revenue Code. Under some
mistaken fact it appears that informant was of the opinion that present
applicant conspired with original accused Nos.1 to 3 and got the documents
falsely prepared. It would be an abuse of process of law if the applicant is
asked to face the trial.
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