Rajesh Mahendra Agarwal v. The State Of Maharashtra And ANR

904-Apl-888-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 888 OF 2021 Rajesh Mahendra Agarwal ... Applicant

Versus

The State of Maharashtra And Anr.

... Respondents Mr. Vikram Sutaria, for the Applicant.

Mrs. P. P. Shinde, APP for the Respondent - State. Mr. Omkar Nevgi, for the Respondent No.2.

Mr. Suraj Y. Rajguru, API, Lonikand Police Station, present. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 17th FEBRUARY, 2023.

P. C. :

Heard learned Counsel for the parties.

By this Application, the applicant seeks quashing of the FIR, bearing C.R. No. 187 of 2021 registered with the Lonikand Police Station, Pune, for the alleged offence punishable under Section 420 of the Indian Penal Code.

Both, learned Counsel for the respondent No.2 as well as learned Counsel for the applicant, have filed their respective REKHA PRAKASH PATIL by REKHA PRAKASH PATIL Date: 2023.02.22 18:53:13 +0530 Rekha Patil 1/2

904-Apl-888-2021.odt Affidavit-in-Reply, Rejoinder Affidavit and Additional Affidavit. We have gone through the affidavits filed by the respective parties. According to the complainant, he had purchased a plot i.e. 11000 sq. ft. land (plot No.19) from the applicant's father and thereafter, the applicant again resold part of the very same land i.e. of 4000 sq. ft., to another purchaser, and hence, the F.I.R. Having heard learned Counsel for the parties, the case in hand raises several disputed questions of facts, which cannot be gone into under Section 482 of Cr.P.C.

Considering the aforesaid, we were not inclined to quash the aforesaid F.I.R. Application is accordingly dismissed. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

Rekha Patil 2/2