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2008 Supreme(Bom) 767

NISHITA MHATRE
Suresh Shankar Kulkarni – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. Raju Z. Moray i/b V.S. Talkute for Petitioner
Mrs. A.A. Mane, APP, for Respondent-State

JUDGMENT:

By this writ petition, the petitioner has sought an order quashing the process issued against him in criminal complaint No.50 of 1997 pending aagainst him before the JMFC, Phlaton. The order of the III Additional District Judge, Satara confirming the order issuing process against the petitioner has also been challenged.

2. The facts giving rise to the present petition are as follows: A Civil Suit was filed before the JMFC, Phalton by one Popat Baburao Sadmise i.e. Respondent NO.4 herein (deleted by Court’s order dated 20.1.2005). An injunction was sought by him restraining the defendants in the suit from dumping soil on to the suit land. A temporary injunction was also prayed for. Both the plaintiffs and the defendants in the suit sought the appointment of Taluka Inspector of Land Records of Phalton as Court Commissioner to measure the land of the parties in order the ascertain whether a stream running through the land had changed its course. The petitioner was the TILR at the relevant time and accordingly was appointed the Court Commissioner. He carried out the orders of the JMFC, Phalton and submitted a report on 25.4.1995 indicating that the























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