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2008 Supreme(Bom) 1162

K.J.ROHEE, A.P.BHANGALE
NARAYANDAS s/o HIRALALJI SARDA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
ADVOCATE APPEARED:
For petitioners: R. M Daga with M P. Khajanchi
For respondent No. l/State: D. M Kale, APP
For respondent No.2: Shyam Dewani

ORAL JUDGMENT

K. J. ROHEE, J. :- Rule. Returnable forthwith. Heard finally by consent of parties.

2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners seek to quash order dated 25-7-2008 passed by Judicial Magistrate, First Class, Court No.1, Nagpur in Regular Criminal Complaint Case No. 2462 of 2008, Govindlal slo Bansilal Sarda vs. Narayandas slo Hiralalji Sarda and others.

3. The facts which give rise to the present petition are as under:

The petitioners and respondent NO.2 are close relatives. It is alleged that Plot No. 84 situated at Central Avenue, Nagpur was allotted by Nagpur Improvement Trust to respondent No.2 in the year 1959 on lease for a period of 30 years. Besides respondent No. 2 nobody had any right to the said plot. On 21-2-2008 respondent No.2 lodged a written report at Police Station, Ganeshpeth (Nagpur) against petitioner Nos. 1 and 2 alleging therein that they executed Release Deed on 11-3-1985 by forging the signature of respondent No.2. They also moved application before Nagpur Improvement Trust by forging the signature of respondent No.2. They mislead Nagpur Improvement Trust by cheating with intent to deprive responden











































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