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Bombay High CourtAPL/482/2024dismissed as withdrawn

Neha Vijay Gore And Another v. State Of Mah Thr. Ps Hudkeshwar Dist Nagpur And Another

2024-03-28Hon'Ble Shri Justice Nitin B. Suryawanshi , Hon'Ble Shri Justice M. W. Chandwani2 pages

1 908 apl 482.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 482/2024 (Smt. Neha Vijay Gore & anr. Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y.B. Mandpe, Advocate for applicants.

Mr. S.A. Ashirgade, APP for non-applicant No.1. CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 28/03/2024.

Heard.

2.

This is an application seeking to quash First Information Report vide Crime No.606/2023 registered with Police Station Hudkeshwar, Dist. Nagpur for the offence punishable under Sections 420, 409 read with Section 34 of the Indian Penal Code. The informant and two others have made advance payment for purchasing four wheeler through the company run by both the applicants. Co-accused Roshan was looking after affairs of the company, at whose initiation the amount has been deposited as directed by Roshan. It is informant's case that though they have deposited substantial amount, they could not get vehicle, hence the offence of breach of trust and cheating.

3.

It is submitted that co-accused Roshan has duped the majority of amount. The company runs by the applicants has only received sum of Rs. 3,50,000/- which they are ready to return.

2 908 apl 482.24 4.

Issue notice to the non-applicants returnable after six weeks. The learned APP waives service of notice for non-applicant No.1.

5.

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

6.

The applicants shall deposit sum of Rs. 3,50,000/- within two weeks in this Court.

( MRS. VRUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Gohane Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 02/04/2024 11:55:03