2026:BHC-AUG:2612 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 178 OF 2012 Sunil s/o Shamsundar Hedda Age: 32 years, Occu: Advocate & Agril., R/o. Samarth Nagar, Osmanabad Tq. & Dist. Osmanabad … PETITIONER VERSUS

1. The State of Maharashtra Through Police Station, Tuljapur, Dist. Osmanabad

2. Anil s/o Panditrao Deshmukh Age: 41 years, Occu: Agril., R/o Jaiphal, Tq. Kallam, at present R/o Samtanagar, Osmanabad Dist. Osmanabad

3. Naresh Nanakchand Agrawal ] R-3 deleted as per Age: 45 years, Occu: Business, ] order dated R/o Hadapsar, Pune-3 ] 18.01.2013

4. Timma s/o Somanna Wadar ] R- 4 and 5 abated Age: 32 years, Occu: Agril., ] as per order dated R/o. Katgaon, Tq. Tuljapur, ] 18.01.2013 Dist. Osmanabad ]

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5. Ambubai w/o Shankar Dangar ]

Age: 60 years, Occu: Household, ] R/o Katgaon, Tq. Tuljapur, ] Dist. Osmanabad ]

6. Yusuf s/o Farid Mulani Age: 45 years, Occu: Agril., R/o Katgaon, Tq. Tuljapur, Dist. Osmanabad

7. Shidheshwar s/o Shankar Konale Age: 38 years, Occu: Agril., R/o Katgaon, Tq. Tuljapur, Dist. Osmanabad

8. Janardhan Dattatraya Kulkarni Age: 45 years, Occu: Service as Talathi, Talathi Sajja, Katgaon, Tq. Tuljapur, Dist. Osmanabad

9. M. M. Ghatekar Age: 50 years, Occu: Service, Sub-Registrar, Tuljapur, Tq. Tuljapur, Dist. Osmanabad

10. Balaji s/o Somnath Idagote (Wadar)

Age: 26 years, Occu: Agril., R/o Katgaon, Tq. Tuljapur, Dist. Osmanabad … RESPONDENTS .…

Mr. Mahendra B. Kolpe, Advocate for the Petitioner Mr. V. M. Chate, APP for Respondent No.1 – State Mr. Manish P. Tripathi, Advocate for Respondent Nos. 6, 7 and 10 .…

CORAM : Y. G. KHOBRAGADE, J.

RESERVED ON : January 17, 2026 PRONOUNCED ON : January 22, 2026 JUDGMENT :-

1. Rule. Rule made returnable forthwith. With consent of both the sides, the petition is taken up for final hearing.

2. At the outset, it is submitted that as per the service report, respondent No.2 i.e. the original complainant is reported dead. The learned counsel for the petitioner submits that, the petitioner do not want to bring the legal heirs of deceased respondent No.2 on record because the respondent No.2 filed criminal complaint bearing R.C.C. No. 331 of 2008 in the representative capacity and as such, the petitioner has challenged the order dated 23.01.2022 passed by the learned Additional Sessions Judge in Criminal Revision Application Nos. 139 of 2009 and 140 of 2009, arising out of the order dated 30.11.2009 passed below Exh.12 and order below Exh.1 in R.C.C. No.331 of 2008. Since the petitioner does not want to bring the legal heirs of deceased respondent No.2 on record, therefore the petition as against respondent No.2 is abated. Accordingly, the petitioner proceeded against the remaining respondents.

3. It is further submitted that during pendency of the present petition, respondent Nos.3, 4 and 5 who are the original accused Nos. 1, 2 and 3, respectively, i.e. Respondent No.3 Naresh Nanakchand Agrawal, respondent No.4 Timma Somanna Wadar and respondent No.5 Ambubai w/o Shankar Dangar, reported to be died. Therefore, their names are deleted from the array of the respondents. 4. The facts rise to the present petition are that, Respondent No.2 original plaintiff filed R.C.C. No.331 of 2008, for the offence under Sections 420, 467, 468, 471, 166 read with Section 34 of I.P.C. alleging that the agricultural land bearing Gat No.472 of village Katgaon, Taluka Tuljapur, District Osmanabad, purchased by respondent No.3 by creating false documents and without obtaining permission from the learned District Collector, Osmanabad as said land is pertaining to restricted ownership under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. On 14.01.2009, the learned Judicial Magistrate, First Class, Tuljapur, passed an order below Exh.1 and directed the complainant to examine witnesses before taking the cognizance, however, respondent No.2 / original complainant filed pursis Exh.9 on 12.02.2009 stating that he do not want to lead the