Prakash Gopinath Khalekar v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2146 OF 2017 Prakash Gopinath Khalekar ..Petitioner Vs.

The State of Maharashtra & Ors ..Respondents Mr. S. V. Walve for the Petitioner Mrs. M. M. Deshmukh Addl PP for the Respondent State CORAM :R. M. SAVANT, & SANDEEP K. SHINDE, JJ DATE : 4th SEPTEMBER, 2017 P.C.

The above Criminal Writ Petition have been filed for quashing of the FIR No.1-82/2015 registered with the Chandwad Police Station for offence punishable under Sections 420, 465, 467, 468, 471 and 34 of the Indian Penal Code. The gravamen of the allegations against the Petitioner who is one of the accused is his complicity in changing the revenue record at the behest of the other accused who has projected himself as the purported purchaser of the property in question.

The Learned Counsel for the Petitioner sought to draw our attention to the material which has come on record to buttress his submission that the Petitioner has wrongly been arraigned as accused when he only acted upon the registered document which was produced by the accused. mmj

wp-2146-17-(41) In our view, it is not possible to sift and weigh the material which has come on record by way of the charge sheet. Without making any comments on the merits of the above Petition, the lest it affects the Petitioner at the trial, we do not deem it appropriate to exercise our Writ Jurisdiction, the above Criminal Writ Petition is accordingly dismissed. However, the statutory remedies of the Petitioner are kept open for being invoked at the appropriate stage.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj