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2019 Supreme(Bom) 864

S.S.SHINDE
Akhilesh – Appellant
Versus
Harikesh – Respondent


Advocates Appeared:
Rajesh Singh, Adv., Priti R Mahajan, Adv., Rahul Singh, Adv., Amit Jalgaonakar, Adv., Kalpnath H Giri, Adv., Geeta Tripathi, Adv., Dhinika Shah, Adv., N.B. Patil, Adv.

JUDGMENT :

S.S. Shinde, J.

1. Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2. The above Writ Petition takes exception to the order dated 16/01/2019 passed by the learned Additional Sessions Judge, City Civil & sessions Court, Greater Bombay by which order Criminal Revision Application No.320 of 2018 filed by the Petitioner Original Accused came to be rejected and resultantly the order dated 16/01/2018 passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C. No.1637/SS/2012 allowing the application filed by Respondent No.2 original Complainant under Section 91 of the Criminal Procedure Code came to be confirmed.

3. The facts leading to filing of the present Writ Petition can in brief be stated thus :-

The Petitioner has lodged complaint being C R No.191 of 2011 against his uncle Chandrabali B Singh, Harikesh C Singh, who is Respondent No.1 herein, and one Naeem Ansari for the offences under Sections 420, 467, 468, 471 r/w 34 of the Indian Penal Code at Kherwadi Police Station alleging that after the demise of Petitioner's father, the aforesaid persons have forged some stamp papers forging his signature and the

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