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2017 Supreme(Bom) 2596

S.S.SHINDE, MANGESH S.PATIL
Rajesh Sud – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Sanjay Kumar, Amit A. Yadkikar, Soham Kumar, Shyam Jawale and Ashish Manglani, Advs.
For the Respondent: V.M. Kagne, A.P.P.

JUDGMENT :

Mangesh S. Patil, J.

1. Rule. The Rule is made returnable forthwith. Heard finally with the consent of learned Advocates for the Petitioners, learned APP for Respondent-State. Respondent No. 2 in person and the learned amicus curiae. These are the Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside one and the same order passed by the learned Chief Judicial Magistrate, Jalna (hereinafter referred to as 'CJM') dated 27.07.2016 in Criminal Miscellaneous Application No. 151 of 2010, directing investigation under section 156(3) of the Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.') and also to quash and set aside the FIR registered with Sadarbazar Police Station, District Jalna on 08.08.2016 pursuant to such order and registered for the offences punishable under Sections 406, 420, 464, 469, 470, 471, 504, 506, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') and the offences added subsequently punishable under Sections 191, 193, 195, 196, 197, 499, 500, 501 of the IPC. Since Respondent No. 2 in both these petitions is the original complainant at whose instance the impugne





















































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