Hamid Khan Ahmed Khan Indapurwala v. The State Of Maharashtra And ORS

1/2 908-apl.1099.2017 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1099 OF 2017 Hamid Khan Ahmed Khan Indapurwala ... Applicant

Versus

The State of Maharashtra and Ors.

...Respondents

Ms.Sonal Parab a/w Ms.Madhu Hiraskar i/b Ms.U.M.Jhaveri, for the Applicant.

Mr.H.J.Dedhia, A.P.P for the Respondent No.1-State Mr.Sanjeev Kadam a/w Mr.Siddharth Karje, Mr.Vindu Pandey i/b Legal Edge LLP for the Respondent Nos.2, 3 and 4.

CORAM : REVATI MOHITE DERE, J.

DATE : 9th JANUARY, 2018 P.C. :

1.

Learned Counsel for the applicant submitted that the learned Magistrate rejected the prayer of the applicant to examine the SubRegistrar, Borivali in respect of the two documents i.e. two Agreements in respect of Flat Nos.G 13 and G 15.

2.

Perused the impugned order. There is nothing in the said order

2/2 908-apl.1099.2017 which shows that the said prayer for examining the Sub-Registrar Borivali has been rejected by the learned Metropolitan Magistrate. When the opinion of the handwriting expert is received, the prosecution is at liberty to file an appropriate application, and seek examination of the Sub-Registrar, Borivali, with respect to the said documents. As far as documents i.e. Dainik Pustak and Thumb Register are concerned, learned counsel for the respondent-accused submits that he does not dispute the said documents or the contents therein and states that infact, the respondent-accused has produced the said documents on his own volition. Statement accepted. 3.

In view of the aforesaid, hence, no further order is required to be passed. It is made clear that in the meantime, the trial Judge shall proceed with the case, till the report of the handwriting expert is received. 4.

Application is disposed of on the aforesaid terms. 5.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.