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2022 Supreme(Bom) 1326

PRASANNA B.VARALE, S.M.MODAK
Indiabulls Housing Finance Ltd – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mukul Rohatgi, Advocate, Amit Desai, Advocate, Gopalkrishna Shenoy, Advocate, Pranav Badheka, Advocate, Nikhil Rohatgi, Advocate, Karan Luthra, Advocate, Rohan Dakshini, Advocate, Pooja Kothari, Advocate, Janaki Garde, Advocate, Anuka Bhansali, Advocate, Urvi Gupte, Advocate, Dr. Abhinav Chandrachud, Advocate, Shubhash Jadhav, Advocate, Amit Patil, Advocate, A.S. Pai, Advocate, J.P. Yagnik, Advocate, Akhilesh Dubey, Advocate, Dharmesh Joshi, Advocate, Amit Dubey, Advocate, Uttam Dubey, Advocate, Rajaram Kuleriya, Advocate, Varad Dubey, Advocate, Narayan Dnyanoba Saste, Advocate

JUDGMENT

Prasanna B. Varale, J. - The present Petitions are filed under article 226 of the Constitution of India & Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the order dated 07th april, 2021 passed by the Judicial Magistrate First Class, Wada in O.M.a. No. 105 of 2021 and first information report bearing Crime No. 0129 of 2021 dated 13th april, 2021 in Wada Police Station for the offences punishable under Sections 420, 465, 467, 468, 469, 470, 471 read with Section 120(B) of the Indian Penal Code, 1860 against the Petitioners.

2. Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the respective parties, matters are taken up for hearing and disposal, at the admission stage itself.

3. Writ Petition No. 1805 of 2021 is treated as lead Petition so as to discuss the facts, submissions and merits of both the Petitions.

4. The challenge is raised on following grounds:

    i. Respondent No. 2 at whose instance the complaint was submitted to the JMFC, Wada is wholly untenable and the Judicial Magistrate without application of mind passed the order under Section 156(3) of the Code of Criminal Procedure.

    ii. Respondent No. 2 submitted i

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