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Akil Ahamad Sayyed Ahamad Qazi And ORS v. State Of Maharashtra

2024-03-21Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak2 pages

p-510-wp-940-24.doc Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.22 15:28:29 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 940 OF 2024 Akil Ahamad Sayyed Ahamad Qazi & Ors.

...Petitioners

Versus

State of Maharashtra

...Respondent

Ms Rekha Musale a/w. Mr. Yuvraj Tajane for the Petitioners. Ms Rutuja Ambekar, APP for the Respondent/State.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

21.03.2024.

PC:- 1.

Not on board. Taken on board.

Leave to amend to implead the complainant as party respondent. Amendment be carried out forthwith. 2.

The petitioners are prosecuted for ofences under sections 420, 465, 466, 467, 468 and 471 read with 31 of the IPC. The FIR was registered at the instance of respondent No.2 on 1.3.2021.

3.

The grievance of the complainant is that the petitioners had preferred application before the District Collector, Solapur contending that the predecessor of the petitioners were declared Inam and that the petitioners should be declared as legal heirs and their names should be recorded in the title of the property. The said application was rejected vide order dated 27.06.2013. Subsequently, the petitioners preferred RTS Revision Application No. 662 of 2013 before the Divisional Commissioner, Pune. The said revision application has been Dinesh S. Sherla 1/2

p-510-wp-940-24.doc allowed vide order dated 8.7.2016. The FIR was registered in 2021 alleging that the order in revision application was obtained by the petitioners by relying upon fabricated documents.

4.

Issue notice to the respondent No.2, returnable on 04.07.2024.

5.

It is submitted that the petitioner No.1 has undergone Angiography. Petitioner Nos.2 and 3 are residents of Solapur. The petitioners were arrested and they were granted bail. In the meantime, the petitioners are exempted from appearing before the trial Court on the next date of hearing. (N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dinesh S. Sherla 2/2