UDAY U.LALIT,J. - (1.) This appeal arising from S.L.P (Crl.) 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. Said Criminal Application was filed for quashing of FIR of Crime No.264 of 2011 and the consequential charge-sheet leading to the registration of RCC No.1100 of 2012 in the Court of Judicial Magistrate, First Class, Aurangabad.
(2.) 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 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 conspiracy, pursuant to which fabricated documents were created and in land acquisition proceedings concerning land bearing City Survey No. 20722, situated within the limits of Aurangabad Corporation, compensation to the tune of Rs. 23.48 lacs was received by the appellant without there being any entitlement. 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. The basic allegations in the charge sheet were:- "It was found in investigation that the accused did not properly verify the documents pertaining to land bearing No. 20722, during the land acquisition proceedings and without calling for search report and relying upon the fabricated documents submitted by accused No. 1 and in conspiracy with each other caused loss to the Corporation to the tune of Rs. 2348993/- by taking compensation of the said amount and thereby cheated the corporation."
(3.) 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 principally submitted that :- a. Regular Civil Suit No. 81 of 1993 was filed by Shanti Gunwani and six others against Vishwanath Nikalje for injunction, contending 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. b. In June 1995, there was a compromise between the parties where under the defendant accepted the ownership of the plaintiffs. The compromise 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. feet was made over by them in favour of Karbhari Gaikwad, Prakash Nannaware and Dilip Bhalerao ('three persons', for short). c. The appellant had taken on lease for a period of 99 years that plot of land from said three persons. d. In the circumstances, the appellant was entitled to and was rightly granted compensation in respect of the land by accused Suresh C. Kapale, the then Special Land Acquisition Officer. With these assertions, it was contended that the transaction in question was purely of civil nature; that the appellant was entitled to and rightly granted compensation and as such case for quashing under Section 482 Cr. P.C. was made out.;