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2008 Supreme(Bom) 1350

V.R.KINGAONKAR
Mahindra & Mahindra Co. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Shirish Gupte, Senior Counsel, with Mr. A.S. Bajaj, advocate for the petitioners.
Mr. N.H. Borade, A.P.P. for respondent No. 1/State.
Mr. S.M. Godsay, advocate for respondent No. 2.
Mr. B.K. Pawar, advocate holding for Mr. Ajit Kale, advocate for respondent No. 3.

JUDGEMENT :

1. These are two (2) groups of petitions which are being disposed of together in order to avoid overlapping consideration of identical questions of law and facts. The first group of petitions comprise of petitions filed by Mahindra and Mahindra Co. Ltd. and its officers. Another group of petitions comprise of petitions filed by Ramnivas Kachardas Bhandari, who is respondent No. 2 in the first group of petitions.

2. By Writ Petition No. 108/1999, petitioners Mahindra and Mahindra Co. Ltd. (hereinafter referred to as "M&MC Ltd.", for sake of brevity) and others seek quashing of process issued in and proceedings of a private complaint case instituted by respondent No. 2 - Ramnivas bearing R.C.C. No. 104/1998 pending on file of learned Judicial Magistrate (F.C.), Aurangabad, for offences punishable under section 467, 468, 420, 409, 471 read with section 34 of the I.P. Code against them. They filed Criminal Application No. 472/1999 seeking production of certain documents in the above writ petition. Anand Mahindra and others filed remaining two (2) petitions in the first group seeking quashing of first information reports registered vide Crimes No. I-196/1997 and No. I-218/199


























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