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2023 Supreme(Bom) 1922

M. S. SONAK, B. P. DESHPANDE
Sanatan Financers And Real Estates Pvt. Ltd. – Appellant
Versus
Officer-In-Charge – Respondent


Advocates appeared:
A.D. Bhobe, Advocate, Pravin Faldessai, Advocate

JUDGMENT/ORDER

BHARAT P.DESHPANDE, J. - Rule. Rule returnable forthwith. Heard finally at the admission stage with consent of the parties.

2. Petitioner is a registered company under the Companies Act, carrying on business of real estate development. The Petitioner is praying for quashing of FIR No.5/2020 dtd. 21/8/2020 registered with Respondent No.1 at its Economic Offences Cell, Panaji on the ground that complaint on which such FIR is registered, is basically a civil dispute and registering FIR is abuse of process of law.

3. Heard learned Counsel Mr. A.D. Bhobe appearing for the Petitioner and Mr. P. Faldessai, learned Additional Public Prosecutor, for the State.

4. With the assistance of the learned Counsel appearing for the parties, we have perused the relevant documents and more specifically the contentions raised in the petition.

5. On the earlier occasion, we requested Mr. P. Faldessai to inform about the status of the investigation since FIR was registered initially in the year 2017 by Quepem Police, which was taken over by Respondent No.1 Economic Offences Cell in the year 2020. Mr. Faldessai candidly accepted that there is absolutely no progress in the investigation as the Co

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