Mosin Khan S/O Firoz Khan And Another v. State Of Mah. Thr. Pso Ps Gittikhadan Dist.Nagpur City And Another

1 911.apl.478.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.478 OF 2024 Mohsin Khan s/o Firoz Khan and anr.

..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Bhandarkar, Advocate for the applicants. Shri Bissa, Addl.P.P. for the State.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

21/03/2024.

Heard.

2.

This is an application seeking to quash the First Information Report in Crime No.131 of 2024 registered with the Gittikhadan Police Station, Nagpur City for the offence punishable under Sections 427, 447, 448 of the Indian Penal Code.

3.

It is the informant's case that he owns a shop premises. He learnt that the applicant has caused damaged to his shop hence he verified the things. It is the informant's contention that some days earlier the applicant conveyed that he has purchased the said property and thus, according to the informant, for that reason he suspects that applicant might have damaged his shop premises and caused mischief.

4.

Learned Counsel for the applicant would submit that FIR has been lodged on mere suspicion. Moreover, the applicant has produced documents to show that the NMC has issued notices to demolish the structure by stating it to be unauthorized one.

2 911.apl.478.2024 5.

Issue notice to the non-applicants, returnable on 02.05.2024. Learned Addl.P.P. waives notice on behalf of the State.

6.

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 22/03/2024 11:32:12