L.NAGESWARA RAO, M.R.SHAH
SAU. KAMAL SHIVAJI POKARNEKAR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted.
1. The Trial Court issued process to the Respondents in the complaint filed by the Appellant. The Writ Petition filed by the Respondents against the issuance of process was allowed. The High Court set aside the process issued by the Trial Court as affirmed by the Revisional Court in the Criminal Writ Petition filed by the Respondents. Aggrieved thereby, the Appellant has filed this appeal.
2. It was alleged by the complainant that her father Shamrao Nalavade expired on 17.01.1994. The Respondents were accused of forgery and preparing false documents on the basis of which a development agreement dated 11.12.2002 came into existence. On the basis of the above facts, the complainant alleged that the Respondents made themselves liable for being prosecuted under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’). The complaint that was filed on 18.11.2008 was sent for investigation under Section 156 (3) of the Criminal Procedure Code, 1973. The police submitted a report stating that the matter appeared to be of a civil nature.
3. The Trial Court recorded the statement of
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