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Bombay High CourtAPL/1406/2024disposed off

Ukarda S/O Punjaji Solanke v. The State Of Maharashtra Thr. Pso., P.S. Jalgaon Jamod, Dist. Buldhana And Another

2024-09-30Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

1 916 apl 1406.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1406/2024 (Ukarda s/o Punjaji Solanke Vs. The 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 applicant.

Mr. A. Badar, APP for non-applicant No.1.

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

DATED : 30/09/2024.

Heard.

2.

This is an application seeking to quash First Information Report vide Crime No. 21/2024 registered with Police Station Jalgaon (Jamod), Dist. Buldhana for the offence punishable under Sections 420, 464, 465, 467, 468, 471, 472 read with Section 34 of the Indian Penal Code. 3.

The informant alleges that the applicant by way of suppression, obtained heirship certificate of deceased Shaligram. On the strength of the said certificate, she got mutated her name to the land of Shaligram by creating some forged documents, hence report.

4.

The learned counsel appearing for applicant would submit that the competent Civil Court has granted succession certificate which was followed by taking

2 916 apl 1406.24 mutation entry and thus, allegations are untenable. It is submitted that the informant has already availed civil remedy. Moreover, it is also submitted that dispute is of civil nature 5.

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

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.) Gohane Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 03/10/2024 18:46:36