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2017 Supreme(Bom) 442

S.S.SHINDE, K.K.SONAWANE
Shaikh Mujib s/o Shaikh Bhikan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicants : Mr. N.E. Deshmukh
For the Respondent: Mr. P.G. Borade, Mr. A.S. Bajaj

JUDGMENT :

K.K. Sonawane, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The applicants taking recourse of remedy under section 482 of the Criminal Procedure Code (for short “Cr.P.C.) preferred the present application to quash and set aside first information report bearing crime No. 426 of 2016 registered against applicants at MIDC, CIDCO Police Station, Aurangabad for the offence punishable under section 384 read with section 34 of the Indian Penal Code (for short “IPC”). According to the applicants, the impugned FIR is absolutely false, frivolous and filed with intention to harass the applicants. The allegations did not constitute any offence nor make out any case against the applicants.

3. It has been alleged that first informant Parvaz Nazer Hussain Jaffery i.e. Respondent No. 2-herein has purchased house property constructed on the plot No. 23 of Survey No. 16/3 located in Hussain Colony, Aurangabad from one Mr. Hakimkhan Rum Khan and Yunuskhan Mohamad Khan. After purchase, the house property was let out to one Shaikh Bhikan Shaikh Ibrahim on rent for eleven months agreement. However, the tenant Shaikh Bhikan left the house and his sons, applic




















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