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Bombay High CourtAPL/1104/2025allowed

Sanjit Ram Singh Sawan v. State Of Maharashtra Thr Pso Ps Aroli Dist Nagpur

2025-08-07Hon'Ble Justice Urmila Joshi Phalke , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

935.APL.1104.2025.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 1104 OF 2025 Sanjit Ram Singh Sawan Vs.

The State of Maharashtra, through PSO, PS Aroli, Nagpur & Anr. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.S. Sitani, Counsel for the Applicant.

Ms. Sonia Thakur, APP for Non-applicant No.1. CORAM : ANIL L. PANSARE AND M.M. NERLIKAR, JJ. DATE : 7 th AUGUST, 2025.

Heard.

2.

The counsel for the applicant submits that he has in the month of October, 2023, filed the suit against non-applicant No.2 for perpetual injunction, and on 3rd January, 2024, the trial Court was pleased to restrain non-applicant no.2 from entering into the suit premises, which is the subject matter of First Information Report.

3.

In the FIR, which is lodged by non-applicant No.2, he claims himself to be owner of the lawn, which, in fact, is the subject matter of the suit. He states that on 4th December, 2023, i.e. prior to passing order of injunction, 20-25 persons (which includes the applicant herein) entered the lawn and created ruckus. The people caused loss to the property. Accordingly, report came to be lodged.

4.

The argument is that civil dispute is being given colour of criminal proceedings.

935.APL.1104.2025.odt 2/2 5.

On the strength of argument so made, which will be tested in due course, issue notice to the non-applicants, returnable on 02/09/2025.

6.

The learned A.P.P. waives notice for non-applicant No.1.

(M. M. NERLIKAR, J.) (ANIL L. PANSARE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 08/08/2025 20:12:28