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2014 Supreme(Bom) 1197

SADHANA S.JADHAV
Satish K. Raka – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. A.P. MUNDARGI, Senior Counsel a/w Ms. SAPNA KODE for the Applicants.
Ms. MANJIRI PARASNIS for Respondent.
Mr. Y.M. NAKHAWA, APP, for the State.

JUDGMENT :-

This is an application under Section 482 of Criminal Procedure Code, 1973, seeking the relief of quashing of the order of issuance of process dated 12.6.2012 passed by the Judicial Magistrate, First Class, Pune, in C.C. No.1585 of 2012.

2. Respondent No.2 herein filed a complaint in the Court of Judicial Magistrate, First Class (Court No.4), Pune, against the present applicants alleging therein that the complainants, who are the Chairman and Secretary of Amarchaya Co-op. Housing society, which is registered under the Maharashtra Co-operative Societies Act, 1960. It is the case of the complainants that the members of the Society have purchased a plot of land admeasuring 49R bearing Survey No.671 Hissa No.2A/3 at Mouje Munjeri, Pune, in the year 1980. The Society had allotted plots to each member for the purpose of construction of a residential house. The said land was reserved for economically weaker section and, therefore, the Competent Authority did not approve the lay-out of the plot. The members, therefore, formulated a scheme of ownership flats on the said property. The Society had decided to develop the property through a developer-builder in order to get the flats






































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