Rafique Maqbool Qureshi v. The State Of Maharashtra And ANR.

Vishal P 1/2 6-wp-1617-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1617 OF 2018 Rafique Maqbool Ibrahim Qureshi ...

Petitioner V/s.

The State of Maharashtra and Ors.

...

Respondents Mr. A.H. Singh, for the Petitioner Mr. Deepak Thakre a/w. Mr. A.D. Kamkhedkar, APP for the Respondent-State.

Mr. Kaustubh Thipsay, for Respondent No. 2.

CORAM :

B. P. DHARMADHIKARI AND REVATI MOHITE DERE, JJ.

DATE :

6th MARCH 2019.

P.C.:

.

Petitioner a builder and Respondent No. 2 consumer are jointly before this Court for quashing of First Information Report dated 31st May, 2017 which is under Sections 406 and 420 of Indian Penal Code and Sections 3 and 4 of M.O.F.A. The Petitioner submits that because of some technical problems, occupancy certificate is getting delayed and hence possession could not be handed over. The issue is now amicably settled between the parties.

2.

Learned PP has pointed out that there are several violations and

Vishal P 2/2 6-wp-1617-2018.doc unless and until those violations are rectified, the possession cannot be handed over. According to him, there may be several other flat owners effected by this action.

3.

The report received by learned PP from Investigating Officer shows the remarks by Chief Executive Officer of Housing Board, S.R.A. which point out certain violations.

4.

We are therefore not inclined to intervene in extraordinary jurisdiction.

5.

Rejected.

(REVATI MOHITE DERE, J.) (B.P. DHARMADHIKARI, J.)