Alan Louis Philip Cousin And ORS v. Mumtaz Iqbal Sheikh And ANR

IRESH SIDDHARAM MASHAL Date: 2021.11.27 16:12:13 +0530 IRESH SIDDHARAM MASHAL 8.447.15 alp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 447 OF 2015 ALAN LOUS PHILIP COUSIN AND ORS ....APPLICANTS V/s.

MUMTAZ IQBAL SHEIKH AND ANR .....RESPONDENTS Mr. Prasanna Bhangale i/b Mr. Niranjan Mundargi for the applicant Ms. A. A. Takalkar APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

NOVEMBER 26, 2021.

P.C.:

1] Heard.

2] Complaint was initiated at the behest of applicant in the capacity of Power of Attorney holder with Maria. Fact remains that Maria was not examined to to prove Power of Attorney. Apart from above, fact remains that allegation in the complaint in support of offence alleged i.e. under Sections 420, 409 and 120 (B) of the Indian 1/2

8.447.15 alp.doc Penal Code cannot be termed to be within personal knowledge of the present applicant-Power of Attorney holder. Apart from above, cogent reasons are furnished by the Magistrate in support of order of acquittal. No case for grant of leave is made out. Application stands rejected.

[NITIN W. SAMBRE, J.] 2/2