SUNIL B. SHUKRE, M. M. SATHAYE
Mahesh Shantilal Parekh – Appellant
Versus
State of Maharashtra Through Marine Drive Police Station – Respondent
JUDGMENT :
M. M. SATHAYE, J.
1. Rule. Rule made returnable forthwith. Learned APP waives service for Respondent No.1/State and learned Counsel appearing for Respondent No. 2 /complainant/informant waives service. Taken up for final disposal by consent.
2. This Petition is filed under Article 226 of the Constitution of India r/w. Section 482 of the Code of Criminal Procedure 1973, (“CrPC” for short) for quashing Crime bearing F.I.R. No. 37 of 2013 registered at Marine Drive Police Station for offences punishable u/s. 406 and 420 of Indian Penal Code, 1860 (for short “IPC”) and consequent criminal case pending on the file of Metropolitan Magistrate 47th Court Esplande Mumbai.
3. Heard learned Counsel Mr. Solkar, for the Petitioner-Accused, Mr. Saste learned APP for Respondent No. 1-State and Mr. Badheka for Respondent No. 2/Complainant.
4. Learned Counsel for the Petitioner has argued in support of his case and taken us through various documents including FIR and statements recorded during course of the investigation. Learned APP for the State has pointed out material gathered during investigation. Learned Counsel for the Respondent No. 2 vehemently opposed grant of any relief in favour o
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