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2013 Supreme(Bom) 1178

P.V.HARDAS, MRIDULA BHATKAR
Pinni Co-operative Housing Society – Appellant
Versus
Maruti Mathu Gaikwad – Respondent


Advocates Appeared:
For the Applicants:M.S. Mohite, Advocate.
For the Respondents:Mrs. A.S. Pai, APP, R1, S.M. Gorwadkar, Advocate.

JUDGMENT

Mrs. Bhatkar, J.

1. Rule. By consent, Rule made returnable forthwith and heard finally.

2. The Applicants challenge the order dated 22.6.2010 passed by the learned Additional Chief Judicial Magistrate, Pune u/s 156(3) of the Code of Criminal Procedure directing the police to investigate the matter pursuant to the complaint filed by Respondent No.1

3. Respondent No.1, the original complainant, has filed a complaint against the petitioner accused in the Court of Additional Chief Judicial Magistrate, Pune alleging that the offences of cheating, forgery and conspiracy have been committed by the accused in respect of the execution of the power of attorney, development agreement and conveyance in respect of the land in village Mundwa, District Pune. Prior to this complaint to the Magistrate, he has filed a written complaint before the police. However, police did not take any cognizance of the same. Hence, a private complaint was filed on 10.5.2010, [at exhibit I to the petition] requesting issuance of process under the relevant provisions of the Indian Penal Code. The learned Magistrate passed order on the same day i.e., 10.5.2010 that the private complaint u/s 120B/419, 420, 426

































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