Suryamani Bhanupratap Singh v. The State Of Maharashtra And ANR

APL. 1092-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 1092 OF 2016 Suryamani Bhanupratap Singh ...

Applicant Vs.

The State of Maharashtra & Anr.

...

Respondents *** Mr. K. H. Giri, for the Applicant.

Mrs. S. V. Sonawane, APP for Respondent No. 1 -State. *** CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 20, 2016 PC.

1.

Heard the learned counsel appearing for the Applicant and the learned APP for the Respondent-State. This application is filed for quashing the criminal complaint filed by Respondent No. 2 for the offence punishable under s. 420m 465, 467, 468, 471 read with 34 of the Indian Penal Code, registered vide FIR No. 191/2011 with Kherwadi Police Station.

2.

The learned counsel appearing for the Applicant submits 1 / 2

APL. 1092-16 that there is no material on record to establish that the Applicant has committed the said offence. In our view, on the basis of the statements recorded by the police, we cannot appreciate the material on record and come to a definite conclusion one way or the other. The Applicant will have to either file an application for discharge or if charge is framed, he will have to establish his defence. Keeping all contentions of the Applicant open, criminal application is disposed of. Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2