Sachin S/O Janardhan Borkar v. The State Of Maharashtra Thr. Ps Beltarodi Tq. And Dist. Nagpur And Another

1 apl1228.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1228/2024 (Sachin S/o Janardhan Borkar Vs. State of Maharashtra and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.R. Vyas, Advocate for the applicant.

CORAM:

VINAY JOSHI & MRS.VRUSHALI V. JOSHI, JJ .

DATED:

30.8.2024.

Heard.

2.

This is an application seeking to quash F.I.R. in Crime No.0449/2024 registered by non-applicant No.1 for the offence punishable under Sections 420, 467 and 468 of Indian Penal Code.

3.

A piece of land was owned by Sukhdeo and on his demise the property was devolved amongst his widow Sulochana and her five children. Sulochana along with her one of the son Rajendra have alienated some portion of the property in the year 1991 to Mamta Housing Society. The informant Sandhya is one of the sharer who on enquiry learnt that Sulochana and Rajendra have created false and fabricated document of relinquishment deed.

4.

The applicant had later purchased the said piece of land from Mamta Housing Society in 2020 for valuable consideration. In aforesaid facts, it is argued that applicant has no nexus with the alleged relinquishment deed stated to be executed in the year 1991 itself.

5.

It is informed that Sulochana and Rajendra are no more. Prima facie it is difficult to comprehend the allegations of forgery of the year 1991 to the applicant since he came into picture in 2020. At the most there can be a clot on his title, of

2 apl1228.2024 course, which is a matter for consideration before appropriate civil Court.

6.

Issue notice to the non-applicants returnable on 11.10.2024.

7.

Mr. A.B. Badar, learned A.P.P. waives notice for non-applicant No.1/State.

8.

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

(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 03/09/2024 10:18:27