IMPORTANT POINT
The court clarified that a Magistrate's discretion under Section 156(3) of the Cr.P.C. must be exercised judiciously, especially regarding public servants requiring prior sanction under Section 197.

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 others for Rs.21,00,000/- (Twenty One Lakhs). The sale deed of Field Gut 115/4 of Mouza Pimprala dated 30.12.2013 shows that Devidas Hari Bari sold it to the petitioner and one another (who was vendor cum purchaser) for Rs 15,00,000/- (Fifteen Lakhs). The applicant, Atul Mundada, took that land for development. The consent of Sou. Sonal Vivekanand Kulkarni was obtained for the registered sale deed. However, why Sou. Sonal Vivekanand Kulkarni, was consenting party to the document is not clear. The columns of the class of land in 7/12 extract of both fields attached to the sale deeds were blank. It does not reflect, whether it was a class I or Class II land. It seems that it was the tenanted land. However, everything is silent about it. The record reveals that applicant Atul, was persuading a Court proceeding since 2011. One of the petitions under Section 127 of the Maharashtra Regional Town Planning Act was filed under his Power of Attorney. He secured the orders from this Court, that the Municipal Corporation would acquire both these lands. The Municipal Corporation accordingly consented to acquire the lands. Then, the proceeding under the Land Acquisition Act (new) was initiated. Both properties were purchased for Rs.36,00,000/- (Thirty Six Lakhs). The compensation for Rs.5,98,27,436/- (Rupees Five Crore Ninety Eight Lakhs Twenty Seven Thousand Four Thirty Six) was valued just within a year of the purchase of Gut No.97/3 and three years of purchasing Gut No.115/4. Such a huge profit was made. After passing the award, the Land Acquisition Officer communicated to the Municipal Commissioner to deposit the compensation amount determined by him.

4. The applicant has further case that the Commissioner of the Municipal Corporation approved the office not put by the Planning Department on 31.01.2017 for releasing the compensation amount. However, instead of sending the said bill to the Finance Department, accused Nos.1 and 2 hatching a conspiracy and deliberately forwarded it to the office of the Mayor i.e. accused No.2. Subsequently the office notes and other files were illegally disposed of by accused No.1. Respondent No.2 has no role to call the note sheets and the relevant papers approving the bill to deposit the money with the Land Acquisition Officer. In a nutshell, the applicant has a grievance that only with a view to put him to the loss, respondent No.2 took the officers of the Corporation into confidence and deprived him of the compensation and to deprive him, he destroyed the record and passed a forged and fabricated resolution in a meeting having no subject.

5. The applicant had lodged the report to the Superintendent of Police, Jalgaon. It was made over to the Municipal Corporation for inquiry. The inquiry was entrusted to the Deputy Commissione