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2018 Supreme(Bom) 3037

T.V.NALAWADE, VIBHA KANKANWADI
Dagadu – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
A. N. Nagargoje, Advocate, for the Appellants; Mr. S. J. Salgare, Addl. Public Prosecutor, for the Respondents No. 1 and 2/State; Mr. S.R. Bodade, Advocate, for the Respondent No. 3

JUDGMENT

Vibha Kankanwadi, J. (Oral) - Rule. Rule is made returnable forthwith. Heard both the sides for final disposal.

2. Present application has been filed by original accused persons by invoking inherent powers of this Court under section 482 of Code of Criminal procedure, 1973 for quashing and setting aside the First Information Report bearing Crime No. II - 1 / 2015, registered with Ashvi Police Sation Tq. Sangamner Dist. Ahmednagar and also the charge-sheet based upon the said FIR bearing No. 13 of 2015, dated 27-10-2015.

3. The applicants have come with a case that, the said FIR came to be lodged as per the directions given by learned Magistrate, Sangamner under section 156 (3) of Code of Criminal Procedure, 1973 on the basis of private complaint lodged by present respondent No.2. It is stated that, there is dispute between the parties in respect of landed properties bearing Gut No. 78 and 31 situated at village Panodi. Original owner of the said land was one Manohar Kadam. He had five sons namely Keru, Tabaji, Nana, Madhukar and Bhaskar. Tabaji is the father of respondent No.2. After the demise of Manohar, Bhaskar filed Regular Civil Suit No. 207 of 2003 for partition and s

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