Subhash Maruti Thorat And ORS. v. The State Of Maharashtra And ANR.

1 15 WP 4831 - 2018.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 4831 OF 2018 Mr.Subhash Maruti Thorat and others ... Petitioners Vs State of Maharashtra & another ... Respondents Mr.Sushil Upadhyay i/b Ashok M.Saraogi, for Petitioner. Ms.A.S.Pai - APP, for Respondent-State.

CORAM : B. P. DHARMADHIKARI & SARANG V. KOTWAL, JJ.

Date : 7 December, 2018.

P.C. :

The documents show that Police has on 20 June 2014 already filed a charge-sheet against a lady by name Smt.Hirabai Mhatre under Sections 420, 465, 467, 470, 471, 511 read with Section 34 of IPC.

2.

The Petitioners contend that said Hirabai is bogus and has impersonated real Hirabai from whom Petitioners have purchased immovable property and that dispute is settled in Civil Court. Prayer in the Petition is to quash FIR lodged by Respondent No.2 Hirabai in connection with that property. Petitioners are also seeking copy of

2 15 WP 4831 - 2018.doc that report.

3.

Anxiety of Petitioners is that bogus person has filed a complaint against him.

4.

Learned APP has pointed out that Petitioners have received only a notice under Section 160 of Code of Criminal Procedure and police are inquiring into the matter. 5.

If Petitioners have necessary document to establish genuineness of the transaction, Respondent police which has already taken action against person impersonating as Hirabai, is bound to consider those documents.

6.

We therefore, find the present approach premature. With liberty to Petitioners to approach again, if any cause of action arises in future. Keeping all contentions open, we dispose of present Petition. (Sarang V. Kotwal, J.) (B.P.Dharmadhikari, J.)