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2021 Supreme(Bom) 1829

M. S. SONAK, PUSHPA V. GANEDIWALA
Avdhesh Harichand Jaiswal – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT/ORDER

1. Heard Mr. Manoj P. Kariya, learned counsel for the applicant, Mr. S.S. Doifode, learned Additional Public Prosecutor for the non-applicant No.1, Mr. S.V. Manohar, learned Senior Advocate with Mr. Shailesh S. Sitani and Mr. Syed Ahmed, learned Advocate for non- applicant No.2.

2. Rule. The rule is made returnable forthwith at the request of and with the consent of learned counsel for the parties.

3. This petition seeks to quash of First Information Report No.307/2019, registered with Lakadganj Police Station, Nagpur alleging commission of offenses by the petitioner under Ss. 406 and 420 of the Indian Penal Code and the consequent charge-sheet in Regular Criminal Case No.7610/2019 in the Court of Judicial Magistrate, First Class, Court No.3, Nagpur.

4. Mr. Manoj Karia, learned counsel for the applicant submits that registration of the impugned First Information Report and the prosecution of the applicant based upon the same is an abuse of the criminal process. He submits that the dispute between the applicant and the complainant i.e. non-applicant No.2 has an entirely civil profile but the same is given the color of a criminal case. Based on this F.I.R., the Police Auth

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