2348993/ by taking companypensation of the said amount and thereby cheated the companyporation.
In the circumstances, the appellant was entitled to and was rightly granted companypensation in respect of the land by accused Suresh C. Kapale, the then Special Land Acquisition Officer.
Soon thereafter Criminal Application Nos.1358 of 2012 and 1361 of 2012 were filed by the appellant and said Suresh C. Kapale, the then Special Land Acquisition Officer respectively.
It was alleged that four accused namely Jairam Salunke the appellant, Sitaram Shankar Gaikwad, Suresh C. Kapale, the then Special Land Acquisition Officer, Aurangabad and A.F. Ansari, the then Director Planning, Office of Land Acquisition, Aurangabad had entered into a companyspiracy, pursuant to which fabricated documents were created and in land acquisition proceedings companycerning land bearing City Survey No.
20722, during the land acquisition proceedings and without calling for search report and relying upon the fabricated documents submitted by accused No.
After due investigation, charge sheet was filed on 29.06.2012 against aforementioned four accused for the offences punishable under Sections 406, 409 read with Section 120 B of IPC.
20722, situated within the limits of Aurangabad Corporation, companypensation to the tune of Rs.23.48 lacs was received by the appellant without there being any entitlement.
Crime No.264 of 2011 was registered with City Chowk Police Station, Aurangabad pursuant to FIR registered on 20.09.2011 at the instance of Purushottam Kulkarni, Assistant Director, Town Planning, Municipal Corporation, Aurangabad.
It was principally submitted that Regular Civil Suit No.81 of 1993 was filed by Shanti Gunwani and six others against Vishwanath Nikalje for injunction, companytending that the plaintiffs had purchased eight residential plots from one Onkargiri Gosavi, admeasuring about 6249 sq.m which land was part of CTS No.20722, Aurangabad.
C. was made out.
No sale deed was executed by Gunwani and other plaintiffs in favour of the three persons like Karbhari, Prakhash Nannaware and Dilip Bhalerao.
Both these applications were heard together by the High Court and dismissed by its judgment and Order dated 30.03.2015.
1 and in companyspiracy with each other caused loss to the Corporation to the tune of Rs.
In June 1995, there was a companypromise between the parties whereunder the defendant accepted the ownership of the plaintiffs.
All these circumstances can be used to draw inference against Salunke.
feet was made over by them in favour of Karbhari Gaikwad, Prakash Nannaware and Dilip Bhalerao three persons, for short .
The companytentions were companysidered in the light of the record by the High Court as under The aforesaid record shows that Onkargiri Gosavi, predecessor of the plaintiffs of RCS No.81/1993 was number title holder and so there was numberquestion of passing of the tile to the plaintiff, Gunwani and others.
With these assertions, it was companytended that the transaction in question was purely of civil nature that the appellant was entitled to and rightly granted companypensation and as such case for quashing under Section 482 Cr.
The appellant had taken on lease for a period of 99 years that plot of land from said three persons.
Further in the lease document also it was number mentioned that rent of 99 years was given by Salunke to these three persons.
The companypromise deed also made reference to the fact that from and out of land purchased by said Shanti Gunwani and six others, a portion admeasuring 50000 sq.
Said Criminal Application was filed for quashing of FIR of Crime No.264 of 2011 and the companysequential charge sheet leading to the registration of RCC No.1100 of 2012 in the Court of Judicial Magistrate, First Class, Aurangabad.
Uday U. Lalit, J. This appeal arising from S.L.P Crl.
The basic allegations in the charge sheet were It was found in investigation that the accused did number properly verify the documents pertaining to land bearing No.
No.8553 of 2015 challenges the Judgment and Order dated 30.03.2015 passed by the High Court of Bombay at Aurangabad in Criminal Application No.1358 of 2012.
