Bherulal Fulchand Jain And ORS. v. The State Of Maharashtra

1 WP 4378-18.odt-48

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4378 OF 2018 Mr. Bherulal Fulchand Jain & Ors.

] ... Petitioners

Versus

State of Maharashtra & Anr.

] ... Respondents Mr. V. K. Dubey for Petitioner.

Mr. K. V. Saste, APP for State - Respondent No.1. Mr. Abhijeet Shukla for Complainant - Respondent No.2. CORAM :- B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

DATE :- NOVEMBER 27, 2018 P. C. :- 1.

Learned Counsel for Petitioners, upon instructions, seeks to implead complainant Mr. Rajesh Narayan Masand as party Respondent No.2. Oral leave granted. Necessary amendment be carried out forthwith.

2.

Mr. Rajesh Narayan Masand is present with his Advocate Mr. Abhijeet Shukla. He tenders an Affidavit and submits that the matter is amicably settled between the parties. URS 1 of 2

2 WP 4378-18.odt-48 3.

As in the petition, there is no averment regarding such settlement, the Petitioners have filed their separate Affidavits and also supported the fact of statement.

4.

Petitioner No.1 Mr. Bherulal Fulchand Jain and Petitioner No.2 Mr. Ramesh Balkrishna Panmand are present in Court. Petitioner No.3 Mr. Talakshi Shamji Satia who is a senior citizen, is stated to be recuperating.

5.

We have perused the FIR. It appears that only attempt made by the Petitioners was to bring on record the fact of bifurcation of Plot No.82. It does not appear from the statement that they had any intention to cause loss either to the complainant or then to Government. The dispute has arisen out of some misunderstanding and there is no public angle to it.

6.

We, therefore, accept the joint request and make Rule absolute in terms of prayer clause (a).

(SARANG V. KOTWAL, J.) (B. P. DHARMADHIKARI, J.) URS 2 of 2