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2013 Supreme(Bom) 2003

S.C.DHARMADHIKARI, G.S.PATEL
Rajesh Himatlal Shah – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants:V.A. Thorat, P.K. Dhakephalkar, Senior Advocates a/w Prakash Naik, R.N. Kachare, Amit Palkar, Advocates.
For the Respondents:R1, Mrs. A.S. Pai, APP, R2, Mahesh Jethmalani, Senior Advocate a/w P.A. Pol, Ms. Sana Usman, Siddheshwar Kalel, Rajesh Darvesh, Sharad Suryawanshi i/by Pol Legal Juris, Advocates.

JUDGMENT :

1. Since both matters involve common issues, they are being decided by this common order. For properly appreciating the arguments of parties, the facts in Criminal Application No.700/2011 are referred to.

2. There was a order to dispose of these Petitions finally and hence we have heard counsel accordingly. Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith.

3. The Criminal Application No.700/2011 invokes jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the First Information Report dated 08.07.2011 registered with Dahisar Police Station being C.R. No.220/2011 alleging offences of cheating and forgery punishable under Sections 420, 464, 465, 467 of the Indian Penal Code.

4. The Respondent No.2 (original Complainant) has in his statement alleged that he is residing in Thane district and at the address particularly mentioned by him. He states that he belongs to Adiwasi Warli Community. He made a complaint in writing against the builders Rajesh Himatlal Shah and Mukesh Himatlal Shah. The Complaint is that Rajesh Shah and Mukesh Shah are Managing Directors/ Partners of one M/s Nahalchand Laloo













































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