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M. S. SONAK, BHARAT P. DESHPANDE
Vikesh K. Harmalkar – Appellant
Versus
Officer-In-Charge/Police Inspector – Respondent


Advocates Appeared:
Mr. A.D. Bhobe with Ms. S. Shaikh, Advocates for the Petitioner., for the Appellant; Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondent Nos.1 and 2., Mr. Jayant Karn, Advocate for Respondent No.3., for the Respondent

JUDGMENT

Bharat P. Deshpande, J. - Rule. Rule returnable forthwith.

2. With consent of the parties, matter is taken up for final disposal at the admission stage itself.

3. The Petitioners before this Court are challenging the FIR No.294/2020 registered at Mapusa Police Station/Respondent No.1 herein, at the instance of Respondent No.3 Mr. Mariano, for the offences punishable under Sections 419, 465, 466, 193, 200, 467, 468, 471, 472, 420 r/w Section 34 of IPC.

4. In a nutshell, it is the contention of the Petitioners that said FIR lodged by Respondent No.3 and registered by Respondent No.1 is clearly an abuse of the process of law, does not disclose any commission of cognizable offence qua the Petitioners, attempts to give criminal flavour to a civil dispute. With these submissions, the Petitioners prayed in the present petition for quashing of FIR No.294/2020.

5. Notice was issued to the Respondents and accordingly Respondent No.3 appeared and filed reply affidavit. Vide order dated 18.09.2021, Respondent No.1 was directed to furnish a report in sealed cover indicating briefly the particulars of material collected in the course of investigation in support of the complaint relating to f

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