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Bombay High CourtAPL/615/2024disposed off

Idrish S/O Manjur Khan And Another v. The State Of Mah. Thr. Pso Ps Khaparkheda Tq.Saoner Dist.Nagpur And Another

2024-04-15Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 911 apl 615.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 615/2024 (Idrish S/o. Manjur Khan & 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. S.I. Ghatte, Advocate for applicants Mr. S.V. Narale, APP for non-applicant No.1.

CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 15/04/2024.

Heard.

2.

This is an application seeking to quash First Information Report vide Crime No. 133/2024 registered with Police Station Khaparkheda, Dist. Nagpur for the offence punishable under Sections 341, 427 read with Section 34 of the Indian Penal Code.

3.

It is applicants' contention that they have purchased a plot under registered sale-deed which was earlier used by villagers as right of way. The applicants started to install compound on the plot for which they have informed to Police and others. According to the applicants, there is no obstruction in the eyes of law. 4.

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

2 911 apl 615.24 5.

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

( MRS. VRUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Gohane Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 16/04/2024 10:55:10