Sachin Vasantrao Gadiwar And Another v. The State Of Maharashtra Thr. Pso Ps Bhisi Tah.Chimur Dist.Chandrapur And 3 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 195 OF 2024 Sachin Vasantrao Gadiwar and anr.

Vs.

State of Maharashtra, Thru. PSO, PS Bhisi, Tah. Chimur, Dist. Chandrapur and Ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Anil A. Dhawas, Advocate for petitioners. Mr. I.J. Damle, APP for respondent No.1.

Mr. P. D. Sharma, Advocate for respondent Nos.2 to 4. CORAM : VINAY JOSHI, AND SMT.VRUSHALI V.JOSHI, JJ.

DATE : 04.03.2024 Heard.

2.

This petition is filed by the petitioners seeking to quash FIR in Crime No.175/2023 registered with Police Station Bhisi, District - Chandrapur, for the offence punishable under Sections 420, 466, 468, 472, 473, 474, 475, 476 of the Indian Penal Code.

3.

It is the informants' case that on 23.03.2005 their mother has executed an agreement in favour of petitioners, however, sale-deed was not

2 / 3 901.wp195.2024 executed. The petitioners have filed a suit for specific performance bearing Special Civil Suit No.142/2008, in which, as a part of evidence, petitioners have filed one copy of application dated 03.03.2006 allegedly filed before the Office of SubRegistrar. The said application was filed in Civil Suit as an evidence in support of the suit for specific performance. Rather the said document was filed to show the readiness and willingness.

4.

It is the informants' case that after obtaining necessary information under the Right to Information Act, he came to understand that the said application was forged and fabricated and therefore, the report. Since the police did not take cognizance, the informant had approached to the Magistrate, who in turn passed an order under Section 156(3) which of the Court, which resulted into registration of a crime.

5.

It is the petitioners' case that the impugned document dated 03.03.2006, was already filed in a Special Civil Suit long back in the year 2008, meaning thereby it was within the knowledge of the informant. The suit for specific performance was decreed and it has been confirmed upto the

3 / 3 901.wp195.2024 Supreme Court and now, only to put a resistance to the execution, a false report has been lodged. 6.

Issue notice for final disposal to the respondents, returnable on 02.04.2024.

7.

Mr. Damle, learned APP waives service of notice on behalf of respondent No.1.

8.

Mr. Sharma, learned counsel waives service of notice on behalf of respondent Nos.2 to 4. 9.

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

(SMT. VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 06/03/2024 16:06:29