Bombay High Court
Sagarsing Deva Jadhav/Sagarsing ... vs The State Of Maharashtra And ... on 19 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
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Criminal Writ Petition 1194 of 2013.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO. 1194 OF 2013
1. Sagarsing Deva Jadhav
@ Sagarsing Habesing Jadhav,
Age 59 yrs. Occ. Agri.
2. Manohar Sagarsing Jadhav
Age years. Occ.
Both r/o Vasant Nagar, Tq. Parola
Dist. Jalgaon. ... PETITIONERS
VERSUS
1. The State of Maharashtra,
Through the Secretary Home
Department, Mantralaya Mumbai.
2. The Superintendent of Police,
Jalgaon.
3. Surasing Bhura Chavan
Age 72 yrs. Occ. Agri
r/o Vasant Nagar,
Tq. Parola, Dist. Jalgaon.
Amended made as per order dated 30/10/2018
passed by this Honble Court
Legal Heirs of Respondent No.3
3. Surasing Bhura Chavan
Dead Through LRs.
3-A) Laxmibai Sura Chavan,
Age: 70 years, Occu.: Household,
3-B) Raghunath Sura Chavan,
Age: 42 years, Occu.: Service,
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Criminal Writ Petition 1194 of 2013.odt
R/o Bhimashankar Nagar,
Pimpri Chinchwad, Pune.
3-C) Vishwanath Sura Chavan
Age: 35 years, Occu.: Service,
No.2-A and 2-C R/o. Vasantnagar,
Tq. Parola, Dist. Jalgaon.
3-D) Kalibai Kashinath Rathod,
Age: 50 years, Occ.: Household,
R/o. Valtandtanda, Tq. Chalisgaon,
Dist. Jalgaon.
3-E) Sumanbai Madansing Chavan,
Age: 48 years, Occu.: Household,
R/o. Waghnagar, Jalgaon,
Tq. and Dist. Jalgaon.
3-F) Devkibai Bharat Rathod,
Age: 45 years, Occ.: Household,
R/o. Raneshwar Khedi, Tq. Amalner,
Dist. Jalgaon.
3-G) Namunabai Dhanraj Rathod,
Age: 40 years, Occ.: Household,
R/o. Mhasawad Tanda, Tq. Pachora,
Dist. Jalgaon.
3-H) Lalitabai Hemraj Rathod,
Age: 38 years, Occ.: Household,
R/o. Nalbanditanda, Tq. Bhadgaon,
Dist. Jalgaon.
3-I) Kavitabai Vijay Pawar,
Age: 36 years, Occ.: Household,
R/o. Mahukheda Tanda, Tq. Jamner,
Dist. Jalgaon. ... RESPONDENTS
...
Mr. Anand I. Deshmukh, Advocate for Petitioners.
Mr. S. J. Salgare, APP for Respondent Nos.1 & 2.
Mr. M. B. Sandanshiv, Advocate for Respondent No.3.
...
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Criminal Writ Petition 1194 of 2013.odt
CORAM : T. V. NALAWADE &
M. G. SEWLIKAR, JJ.
DATE : 19th January, 2021.
JUDGMENT: ( Per T. V. Nalawade, J. )
. The petition is filed for relief of quashing of FIR No.154 of
2013, registered with Parola Police Station, District Jalgaon, for the
offences punishable under Sections 193, 199, 200, 419, 420, 467,
468, 471, 474, 477 read with 34 of the Indian Penal Code. R.C.C.
No.9 of 2014 is filed in that crime for similar offences. Copy of FIR is
produced by the Petitioners.
2 Both the sides are heard.
3 Respondent No.3, informant has contended that he has
been in possession of agriculture land bearing Gat No.100
admeasuring 7 Hectare 16 Ares situated at Vasant Nagar for more
than seventy years and he has been cultivating this land. It is
contended that his two brothers are also cultivating different portion of
this land.
Criminal Writ Petition 1194 of 2013.odt
4 It is the contention of informant that present Petitioner
No.1 Sagarsing and Petitioner No.2, son of Petitioner No.1, created
some false record to show that Petitioner No.2 was adopted by
Habesing Nirbal Jadhav. It is contended that application was given for
mutation in respect of land of deceased Habesing on 27th February,
2005 by the present Petitioners and without producing any record like
death certificate, mutation No.224 was obtained in the year 2005. It is
contended that after making inquiry, the informant learnt that
certificate of death in respect of Habesing was collected in the year
2006 by the present Petitioners, but prior to that the application for
mutation was made. It is contended that as such documents, which
are required for giving application for mutation were prepared
subsequently, it can be said that all false record is created by the
Petitioners to show that the Petitioners have become owners due to
adoption and by succession. It is contended that false adoption deed
is prepared by them. It is contended that mutation No.224 was made
due to the false representation made by the Petitioners. It is
contended that they have filed suit to get the land in their possession
and some revenue proceeding was also started by them. It is
contended that the revenue officers had helped the present
Petitioners and they had obtained signatures of the informant and his
family members on some papers for entering the name of Petitioners
Criminal Writ Petition 1194 of 2013.odt
on the revenue record as owners.
5 Copy of adoption document dated 28th July, 1995 is
produced to show that Habesing had taken Sagarsing in adoption.
Sagarsing is a nephew of Habesing and affidavits are produced to
show that there was a ceremony of adoption. The 7/12 extract is
produced to show that for Gat No.100, the name of Sagarsing was
entered as owner. It appears that initially in crop cultivation column
also the name of Sagarsing was entered, but subsequently his name
was deleted and the revision filed by Sagarsing was also dismissed
by the revenue authority. The submissions made and the record
show that R.C.S. No.54 of 2013 was filed by the Petitioners for the
relief of injunction, but in the year 2019 a pursis was filed for
withdrawal and this suit came to be disposed of. Thus, it appears that
when the revenue matter went against the Petitioners and there was
no record with them to show the possession, they did not press the
suit filed for injunction.
6 After considering the aforesaid circumstances, it can be
said that the circumstance that the entry of the name of Petitioner
No.1 in revenue record as owner remained there and the informant
has grievance in respect of that entry. The submissions made and the
Criminal Writ Petition 1194 of 2013.odt
record do not show that anything is there with the informant to show
that Sagarsing is not nephew of deceased Habesing. The
submissions made show that the informant is not claiming any relation
with Habesing. The informant is claiming that he has been in
possession for more than seventy years and only on that basis it is his
contention that false entry is made in the revenue record. When there
is such record of adoption and the owner is dead, in ordinary course,
the revenue authority makes entry of the name of successor of
deceased in the revenue record. Such mutation can be challenged by
aggrieved persons, who are claiming that they are successors of
deceased Habesing. The submissions made show that till today,
nobody has challenged that mutation. In view of these circumstances,
in Criminal Court, it cannot be said that false representation was
made by Petitioner, Sagarsing that he is nephew of the deceased and
he is entitled to succeed to the property of deceased. The crime is
registered mainly due to such allegations. It can be said that this is an
attempt to pressurize the successors of Habesing. Even if Petitioner
No.1 fails to show that he was adopted by Habesing, he can show
that he was entitled to succeed to the property of Habesing as
nephew of Habesing. Thus, the dispute is mainly of civil nature. Only
due to withdrawal of injunction suit, it cannot be said that the
Petitioners have created false record of adoption. Some police
Criminal Writ Petition 1194 of 2013.odt
statements are there of witnesses shown on adoption document and
they are to the effect that there was no such adoption and they have
not singed on the document. Execution of private document can be
proved in many ways when the matter is taken to Civil Court. When
there is dispute of aforesaid nature, it is always desirable that the
dispute is decided by the Civil Court. As the informant has no locus to
challenge the entry made in the revenue record on the basis of claim
of succession, this Court holds that it will be abuse of process of law if
the Petitioners are asked to face the trial for aforesaid offences. In
the result, the following order is passed:
ORDER
I. The petition is allowed.
II. Relief is granted in terms of prayer clauses (B)
and (BB).
III. Rule made absolute in those terms.
[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ]
ndm
