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2019 Supreme(Bom) 1418

RANJIT MORE, N.J.JAMADAR
Harshad Anil Kale – Appellant
Versus
State Of Maharashtra (Through Economic Offences Wings) – Respondent


Advocates:
Advocate Appeared:
Karansingh Rajput, Adv., Kunawal Waghmare, Adv., Kevic Setalwad, Adv., Sunny Punamia, Adv., Harsh Agrawal, Adv., Subhash Jha, Adv., Sanjana Pardeshi, Adv., Ssp Legal, Adv., F.R. Shaikh, Adv., S.D. Shinde, Adv., Rizwan Merchant, Adv., Pradeep Havnur, Adv., Niteen Pradhan, Adv., Abhiit Desai, Adv., Desai Legal, Adv.

JUDGMENT :

N. J. Jamadar, J.

These criminal application and writ petitions have been preferred for quashment of the First Information Report ("FIR") bearing CR No.44 of 2016 registered with Govandi Police Station, Mumbai (EOW CR No.38 of 2016) and the consequent proceedings, being RCC No.578/PW/2017 pending on the file of 47th Metropolitan Magistrate Court, Mumbai, arising out of the registration of the said FIR for the offences punishable under Sections 406, 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, by the accused who have been arraigned therein.

2. As the very action of registration of the FIR is called in question, apart form the merits of the matter having bearing upon the question of quashment of the subject FIR and the consequent proceedings, we have heard the learned Counsels for the parties on the aspect of justifiability of registration of the FIR, in the absence of prior examination of the matter by the High Power Committee, now designated as the Apex Grievance Redressal Committee ("AGRC") under Section 35 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("the Slum Act, 1971").

3. The brief factual matrix giving r

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