1 CRIMINAL APPLICATION NO.: 3275 OF 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.: 3275 OF 2010 *** 1. Martandrao @ Kiranrao S/o Ramrao Subhedar, Age - 48 years, Occu. - Advocate R/o - Kranti Chouk, Parbhani, Tq. & Dist. Parbhani. 2. Ratnakarrao S/o Balasaheb Subhedar, Age - 48 years, Occ. - Medical Practitioner, R/o - As above. ... APPLICANTS. VERSUS 1. The State of Maharashtra For the Police Station Kotwali, Parbhani, Tq. & Dist. Parbhani, Through The Public Prosecutor, High Court of Bombay, Bench at Aurangabad. 2. Sunil S/o Surendra Vasmatkar, Age - 38 years, Occ. - Service, As Sanitary Inspector, Municipal Council, Parbhani. Tq. & Dist. Parbhani. 3. The Municipal Council, Parbhani, Through its Chief Officer, Tq. & Dist. Parbhani ... RESPONDENTS *** Mr. P. V. Mandlik, Senior Counsel h/f Mr. Amol Gandhi, Advocate for the Applicants. Smt. S. D. Shelke, A.P.P. for the Respondent No.1. Shri S. S. Bora, Advocate for Respondent No.2 & 3. *** CORAM: A. H. JOSHI AND A. M. THIPSAY, JJ. DATED:- 21St NOVEMBER, 2011. 2 CRIMINAL APPLICATION NO.: 3275 OF 2010 ORAL JUDGMENT: [Per Joshi, J.]: 1. Rule. 2. Rule made returnable forthwith, heard finally by consent of parties. 3. Substance of F.I.R. is that the owner of lands/ accused has sold lands which are reserved in the Development Plan. 4. The offence alleged is under section 54 of Maharashtra Regional Town Planning Act, 1966. 5. Learned Advocate for the complainant/ Respondent No.2 and 3 is not able to show that sale and/ or transfer of interest or owne3rship, is prohibited in law and is made punishable. 6. We, therefore, quash the F.I.R. Crime No.3034 of 2010 dated 15th January, 2010 Annexure-A. Rule is made absolute in terms of prayer clause (A). [A. M. THIPSAY, J.] [A. H. JOSHI, J.] Dated:17/11/2011. ans/3275 3 CRIMINAL APPLICATION NO.: 3275 OF 2010 CRIMINAL APPLICATION NO.: 3275 OF 2010 Date of decision: 21St NOVEMBER, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE A. H. JOSHI THE HONOURABLE SHRI JUSTICE A. M. THIPSAY. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE