Atul Ashok Mundada vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 872

S. G. MEHARE
Atul Ashok Mundada – Appellant
Versus
State of Maharashtra – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Girish S. Rane
For the Respondent:Mr. D. J. Patil, Mr. P. R. Katneshwarkar (Senior Advocate) i/b Mr. A. R. Syed, Mr. M. S. Deshmukh i/b Mr. S. H. Tripathi.

JUDGMENT :-

1. Heard the learned counsels for the respective parties.

2. The same applicant, by two separate applications under Section 156(3) of the Code of Criminal Procedure (“Cr.P.C.” for short) approached this Court under Section 482 of the Criminal Procedure Code against the orders of the learned Judicial Magistrate First Class and the learned Additional Sessions Judge rejecting his prayer to issue directions under Section 156(3) of the Cr.P.C. to order the investigation of the crime by the police against the respondents, who were the then Mayor of the Corporation and the Assistant Director, Town Planning of the Municipal Corporation, Jalgaon.

3. Before adverting to the issues raised in these applications how the applicant got the title is essential to know the nature of the property. One Tulshiram Krushna Bari as shown in the sale deed 20.04.2015, was the tenant of Gut No.97/3 measuring 56 R. of Mauza Pimprala. The recital of the said sale deed further reveals that he was holding the land under section 43 of the Tenancy Act. He paid the Nazrana to the Tahasildar and released the conditions. He took the Mutation Entry in his name. On, 20.04.2015, he sold it to the petitioner and