Interim Order 5

Order Details: Copy of Evidence
Pdf Text: C.C. No. 761/PW/2019 Exh.227
P.W. No. 22 on S.A. :
Name : Kirti Sudhir Mhatre.
Age : 50 years.
Occupation : Service.
Residing at : Walanj Apartment, Chendare, Alibaug.
Examination-in-chief by Ld. A.P.P. Smt. P. S. Patil for the State :-
1. I was working as a Clerk in the office of District
Collector, Alibaug and with Deputy District Collector ( Land
Acquisition) Raigad in year 2015. I was promoted as Aval Karkoon
in year 2017 and posted at the office of Tahsildar Roha. I was
transferred from there to the office of District Collector, Alibaug as
Record Keeper. I was given the charge of Record Keeper from
06.10.2018. I know Nardas Ture personally as he is one of the
staff member. He was working as Aval Karkoon. I know Amol
Dhule as per documents.
2. I was entrusted with giving certified copies from the
record by charging required fees. Nardas Ture was also given the
similar responsibility. EOW, Mumbai had inquired me in respect of
a certified copy issued by Nardas Ture in RTS Appeal
No.245/2015. They asked that there is one forged certified copy
and inquired whether application No. 177/2015 is actually there.
Now I am shown Exhibit-39 and 40. These documents were
shown to me. They also asked about the stamp and signature on
these documents. One peon from our office identified the said
stamp as the old one and identified the signature Q-20 as that of
Nardas Ture. The document bears date 27.10.2015 at Q-16.
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Thereafter the concerned Officer carried out a panchanama and
seized the application given by Avikumar Dhule, the receipt book
containing the relevant receipt, the register having the entry of
relevant receipt, the old stamp used on the said application and
round seal. Now I am shown the round seal at Q-1 to Q-15 on
Exhibit-39 and 40. I say that I do not find the said round seal of
our office. The stamp for certified copy was in English language
(Q-18) and I could not identify it as Marathi stamp was being used
in my time. It appears that Rs.120/-(Q-19) was deposited for the
copies.
3. I can identify the panchanama if shown. Now I am
shown the said panchanama at Page Nos.3 to 8. I had handed over
receipt book. Now I am shown the said receipt book. It is the
same which is used to give receipt for payment of copying fees. It
is already given Exhibit-82. The entry of this receipt has been
taken in the register at Serial No.177. As per the receipt book and
the register, amount towards the certified copy was accepted and
entry was taken in the register. (The receipt number is 8383162
and entry is at Serial No.177, Page No.13 in register). The
signature against this entry is that of Nardas Ture. The stamp
under his signature is in Marathi language. The receipt bears the
name of Avikumar Dhule.
4. I was further asked as to how many applications were
given by Avikumar Dhule in October-2015. I searched for the
same and found that there were four applications. These four
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applications are at Page No.24 to 31 in the file of Handwriting
Expert Report. The first application is bearing No.355855 dated
01.10.2015 for certified copy of stay order. It bears signature of
Avikumar Dhule. As per the stamp in English language the
certified copy was handed over on 01.10.2015. It bears the
signature (N-9) of Record Keeper Mr. Ture. I had handed over this
application. Hence, it is given Exhibit-228. The corresponding
receipt No.8383069 is in the receipt book and the amount was
deposited by Avikumar Dhule. The corresponding entry in the
register is at Sr. No.85 at Page No.7. It bears the signature of
Nardas Ture. He had handed over the said certified copy.
5. The second application was dated 23.10.2015 bearing
No. 362385. It has been given by Avikumar Dhule for certified
copy of the stay order(N-10). The certified copy was issued by
Nardas Ture by his signature (N-11). I had handed over this
application. Hence, it is given Exhibit-229. The corresponding
entry in the register is at Serial No.164. It bears signature of
Nardas Ture.
6. The third application was dated 28.10.2015 bearing
NO. 362473. It bear the signature of Nardas Ture (N-16) as
handing over the certified copy. The application was given by
Avikumar Dhule. It is the same application which I handed over.
Hence, it is given Exhibit-230. The corresponding receipt number
is 8383170. This amount was deposited by Avikumar Dhule and
certified copy was provided by Nardas Ture. The corresponding
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entry in register is at Serial No.185 on page No.14 of register.
7. The fourth application is dated 29.10.2015 by
Avikumar Dhule bearing No. 363145. The application for certified
copy on the seal shows number 185/2015. However earlier
application also showed the same number. The certified copy of all
the documents in RTS Appeal No.41/2015 were asked by this
application. The certified copy was given by Nardas Ture. The
application is given Exhibit-231. The corresponding receipt is
bearing No.8383170. The amount was deposited by Avikumar
Dhule.
8. The concerned Officer of EOW took my signature, that of
panch witnesses on every document I handed over to him. Now I
am shown the said seizure panchanama dated 03.01.2020. It
bears my signature on each page. Contents therein are true and
correct. Hence, this panchanama is given Exhibit-232. I had also
handed over round seal and old English stamp with the office.
(There are two sealed envelopes produced in this matter. These
sealed envelopes are opened in open Court. The first sealed
envelope contained another envelope. It was also opened. It
contained a paper having signatures and a seal). It is the same
round seal which I had handed over to the concerned Officer of
EOW. Hence, this round seal is now being referred as ‘Article A’ for
identification of an article produced in this Court. The said seal is
again kept in the sealed envelope for future references. (The
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second envelope was opened. It contained another sealed
envelope. That was also opened. There was one paper with and
rectangular stamp). It is the same rectangular stamp in English
which I had handed over to the concerned Officer of EOW. The
paper bears my signature. Hence, this rectangular stamp is now
being referred as ‘Article B’ for identification of an article produced
in this Court. The said rectangular stamp is again kept in the
sealed envelope for future references. The officer of EOW had
taken my signature on page Nos. 16 and 17 while seizing these
seal and the stamp.
9. It was found that Nardas Ture had given forged
certified copy as per the record with the office. I came to know
that a Departmental Enquiry was initiated against Nardas Ture. I
can identify Nardas Ture.
Examination in chief completed.
Cross examination by Adv. Vinod Kashid for accused No. 1:-
10. It is true to say that the office of District Collector,
Alibaug and its record and the office of Land Acquisition Officer,
Alibaug and its record was independent in year 2015. It is true to
say that there were independent Record Keepers for both these
offices. I have never worked with Nardas Ture in one office at any
point of time. It is true to say that Nardas Ture has never signed
any document in my presence. It is true to say that I cannot tell as
to how Nardas Ture puts his signature. It is true to say that I never
stated to police that I can identify the signature of Nardas Ture. It
is true to say that the documents which I had handed over were
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not from my service tenure at the said office.
11. The officer of EOW did not take signature or statement
of the person who had identified the signature of Nardas Ture. It
is true to say that I cannot tell which seal and stamp were being
used in the relevant period, as I was not posted there.
12. Now I am shown the applications for certified copy at
Exhibit-228 to 231. It is true to say that all the four applications
do not demand for the order dated 28.10.2015 in the RTS Appeal
No. 245/2015.
(Cross-Examination deferred due to recess)
R. O. & A. C.
Sd/-
(Abhijit R. Solapure)
Addl. C. J. M., 47th Court,
Date : 03.12.2025 Esplanade, Mumbai.
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P.W. No. 22 on S.A. :
Further cross examination by Adv. Vinod Kashid for accused No.
1:-
13. It is true to say that Avikumar Dhule never gave any
application when I was working in the office and I have never seen
him. I cannot exactly tell whether he had filed any application
before me. But I do not know him personally. I have personally
seen the records of RTS Appeal No. 245/2015. I do not know
whether the office of District Collector ever gave any complaint
against Nardas Ture for the alleged forgery. I had not given any
complaint against Nardas Ture while I was posted there. It is true
to say that I do not have any knowledge about the records in the
year 2015.
14. It is true to say that the certified copies of only those
documents are given which are claimed by way of application. I
do not remember whether the concerned Police Officer informed
me that the forged order was handed over by informant. I did not
ask the concerned Officer as to from whom she received this
forged order. There is no signature of Avikumar Dhule on the
register acknowledging the receipt of certified copy. I do not know
whether my office had given a letter to Superintendent of Police,
Alibaug to register an offence against Gautam Budhrani for
preparing forged documents. I did not inquire with my
Predecessors in office about the forged certified copy and the
offence.
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15. I cannot tell as to how many other persons had applied
for the documents in RTS Appeal No.245/2015 except Avikumar
Dhule. The staff for receiving the application for certified copy
and for preparing the xerox copy and putting stamp are different.
The officer of EOW did not inquire the concerned person in my
presence who had taken the application, had brought the file and
had prepared the copies. The concerned Officer never inquired
any Officer, Clerk, Peon in my presence who were acquainted with
these developments. I do not know which stamps were being used
in year 2015.
16 I do not know whether Nardas Ture was exonerated
from all charges in Departmental Enquiry and was given posting at
Shrivardhan. I never inquired about the Departmental Enquiry
against Nardas Ture.
17. It is true to say that I had handed over all these
documents as per the instructions of my Seniors. Witness
volunteers that there was also a letter of Collector Office. It is true
to say that I do not have any personal knowledge about the
contents, signatures, seal, stamp of the documents which I had
handed over to the Police Officer. My statement was recorded
firstly in year 2020. I do not have any personal knowledge of this
crime. It is not true to say that I am deposing on the say of my
Senior Officers.
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Cross-Examination by Advocate S.R.Wani for accused No.2
Adopted earlier cross-examination.
Cross-Examination is completed
No Re-examination.
R. O. & A. C.
Sd/-
(Abhijit R. Solapure)
Addl. C. J. M., 47th Court,
Date : 03.12.2025 Esplanade, Mumbai.
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