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2017 Supreme(Bom) 1278

VASANTI A.NAIK, M.G.GIRATKAR
Ganesh – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: J.M. Gandhi, Counsel.
For the Respondents: Ambarish Joshi, Additional Public Prosecutor, M.F. Khan, Counsel.

JUDGMENT :

Vasanti A Naik, J.

1. Rule. Rule made returnable forthwith. The criminal writ petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2. By this writ petition, the petitioner seeks the quashing of the first information report registered against the petitioner for an offence punishable under section 420 read with section 34 of the Penal Code.

3. Few facts giving rise to the petition are stated thus:

The petitioner and the respondent No.4 had entered into an agreement of sale in respect of plot No.96 at Mouza Sawangi in Wardha District on 07/03/2007. The parties were bound by the terms and conditions recorded in the agreement of sale dated 07/03/2007. There were some disputes between the parties and the petitioner did not execute the sale deed of the property that was agreed to be sold by the agreement dated 07/03/2007. On 28/02/2017, i.e. ten years after the execution of the agreement of sale, the respondent No.4 lodged a report alleging therein that the petitioner had committed an offence punishable under section 420 of the Penal Code. It was alleged by the respondent No.4 in the said complaint that the petitioner and the r







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