Bombay High Court
Ganesh S/O. Vitthaldas Chandak vs State Of Mah. Thr. Pso, Ps Khamgaon City, ... on 7 August, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:8919
1 CRIWP599.23 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 599 OF 2023
PETITIONER : Ganesh S/o Vitthaldas Chandak,
Aged about 64 years, Occu. Business,
R/o Pandmavati Square, Opp. Telephone
Exchange, Arvi, Dist. Wardha.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Police Station Officer,
Police Station, Khamgaon City,
Dist. Buldhana.
2] Sarita Yedappa Malvande,
Aged about 44 years, Occu. Labour,
R/o Chandmari, Khamgaon,
Tal. Khamgaon, Dist. Buldhana.
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Mr. J. M. Gandhi, Advocate for the petitioner.
Mrs. S. V. Kolhe, A.P.P. for respondent no.1
Mr. S. M. Awachar, Advocate for respondent no.2
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CORAM : G. A. SANAP, J.
DATED : AUGUST 07, 2024.
ORAL JUDGMENT
1. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned advocates for the parties.
2. In this petition, challenge is to the order dated 05.01.2023,
2 CRIWP599.23 (J).odt
passed by learned Joint Judicial Magistrate, First Class, Khamgaon, Dist.
Buldhana, whereby the learned Magistrate was pleased to issue process
against accused nos.1 to 11 for the offences punishable under Sections
420, 465, 468 read with Section 34 of the Indian Penal Code.
3. The petitioner in this petition is arrayed as accused no.3 in
the complaint and respondent no.2 is the complainant.
4. It is the case of the respondent no.2-complainant that
Govindrao Malwande was her grandfather. It is stated that her
grandfather died on 15.04.1968. It is stated that after death of her
grandfather, Kisanrao Gunjal and Shantabai Gunjal prepared a sale deed
of the agricultural land of Govindrao on 03.05.1968. Kisanrao Gunjal
and Shantabai Gunjal sold the said agricultural land to Vinod Sadavarte
on 30.05.1980. Thereafter, Vinod Sadavarte sold the said land to the
petitioner and his brother on 29.03.2006. The petitioner sold the said
land to Leena Chandak on 01.11.2013. It is the case of the
respondent/complainant that the first sale deed dated 03.05.1968 was a
forged document. It was executed after the death of her grandfather. It
is stated that all the subsequent sale deeds are also forged and fabricated.
3 CRIWP599.23 (J).odt
5. Learned Magistrate had directed the police to conduct an inquiry
in the matter. Accordingly, police conducted the inquiry and submitted
the inquiry report. In the report, the police have stated that the sale
deed of the land of Govindrao was executed after his death. In short,
the police have stated that the inquiry revealed that the sale deed dated
03.05.1968 was a forged document.
6. Learned Magistrate, on the basis of the inquiry report,
passed the order dated 05.01.2023 and issued process against accused
nos.1 to 11 for the aforesaid offences.
7. The petitioner/accused no.3 has challenged this order on
multiple grounds. The main ground is that the police, without
conducting proper inquiry as to the actual date of death of Govindrao
Malwande, has accepted the facts stated in the complaint as gospel
truth. Learned advocate for the petitioner brought to my notice the
subsequent developments. It is pointed out that subsequently the
inquiry was conducted and the date of death of Govindrao has been
corrected. Learned advocate for the petitioner submitted that before
issuing the process vide order dated 05.01.2023, the learned Magistrate
was required to record his satisfaction on the basis of the result of
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inquiry that Govindrao died on 15.04.1968. Perusal of the inquiry
report and the documents annexed thereto, would show that police have
simply relied upon the death certificate submitted by the
complainant/respondent no.2. In my view, considering this lacuna in
the proceeding and ultimately in the order, the order of issuance of
process is required to be quashed and set aside.
8. Accordingly, the impugned order dated 05.01.2023, passed
by learned Joint Judicial Magistrate, First Class, Khamgaon, Dist.
Buldhana, issuing process against accused nos.1 to 11, is quashed and set
aside.
9. Learned Magistrate shall direct the police to conduct
necessary inquiry/investigation about actual date of death of Govindrao
Malwande. Learned Magistrate, on receipt of the inquiry report from
police, shall pass an appropriate order in the complaint in accordance
with law.
10. The petition is allowed. Rule is made absolute. The
petition stands disposed of.
( G. A. SANAP, J. )
5 CRIWP599.23 (J).odt
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 14/08/2024 17:07:45
