Criminal application by S. Karale regarding alleged fabrication of revenue records by the Tahsildar. The High Court dismissed the application noting that ordering a crime was the right action.
The Criminal Application is dismissed. No crime was found to be erroneous to lodge against the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri.Appln.No.3507/2013
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3507 OF 2013
Sajrerao s/o Fakirrao Karale ... APPLICANT VERSUS
The State of Maharashtra & ors. ... RESPONDENTS
Mr. D.P. Palodkar, Advocate for applicant Mr. S.G. Nandedkar, A.P.P. for State
CORAM: K.U. CHANDIWAL & A.I.S. CHEEMA, JJ. DATED: 19th September, 2013.
PER COURT :
Cri.Appln.No.3507/2013
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allegedly raised objection. Enquiries were made with the Inspector, Land Record as to what was the objection of applicant Sarjerao, however, it was not informed and the learned Tahsildar, after detailed enquiry, on 30.12.2011, rejected application of Sarjerao. Sarjerao, the applicant, did not challenge it before any competent forum. Surreptitiously, the applicant applied to the said Tahsildar and got the revenue record mutated, thereby got prepared two 7/12 extracts in respect of property purchased by complainant and an area of 4 acres 17 gunthas was deleted from holding of the purchasers/ complainant and it was shown to the credit of the applicant Sarjerao. This obviously was without any title document. Even no care by competent authorities was taken to follow procedure under Maharashtra Land Revenue Code. Applicant, apparently extended his clout as a Circle Inspector, to get record fabricated for his benefits. At this stage, we do not see any error in lodging Crime vide Crime No.I-233/2012 against the applicant. Criminal Application is dismissed.
(A.I.S. CHEEMA, J.) (K.U. CHANDIWAL, J.)
fmp/cri3507.13
3 issues framed by the court
Whether there is an error in lodging a criminal case against the applicant for fabricating revenue records without title documents.
Whether the applicant's application to mutate revenue records was properly handled.
Whether the deletion of area from purchasers' holding and crediting it to the applicant constituted forgery or fraud.
1 provisions across 1 enactments
Sajrerao s/o Fakirrao Karale
The State of Maharashtra
K.U. Chandiwala
A.I.S. Cheema
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
