Judgment :

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the Judgment and Order dated 27.07.2006 in Criminal Writ Petition No.3169/2005 with Criminal Writ Petition Nos. 874 and 878 of 2006, passed by the High Court of Judicature at Bombay, allowing the said petitions filed by the respondents and quashing the Criminal Complaint/FIR.

2. Facts and circumstances giving rise to the present appeal are that Mohd. Qureshi, one of the respondents, lodged a complaint dated 8.11.2005 with Deputy Commissioner of Police, CID (Unit III) against the Arun Gulab Gawali gang. The said complaint was forwarded to Agripada Police Station. Accordingly, CR No. 241/2005 under Sections 384, 386, 506(ii), 120, 34 of Indian Penal Code, 1860 (in short, "IPC") was registered against Arun Gulab Gawali, MLA, respondent herein, and members of his gang, namely, Sunil Gathe, Sadanand Panchal, Rajendra Sadvirkar and Sanjay Girkar. After taking over of the investigation by DCB, CID, Mumbai, CR No. 135/05 was registered.

3. According to the said complaint, there was a commercial transaction in December, 2002, between one Mr. Doshi and Mohd. Qureshi in respect of the purchase of Hotel Pritam Internation