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2023 Supreme(Bom) 1840

NITIN W. SAMBRE, R. N. LADDHA
Keshav Harishchandra Bhoir – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Manoj Mohite, Advocate, Rajesh Kachare, Advocate, Amol Mhatre, Advocate, Sonal Dabholkar, Advocate, Sameer Mhatre, Advocate, Jayesh Joshi, Advocate, Sahil Deepak Salvi, Advocate, Narendra Kalpoth, Advocate, Sagar Redkar, Advocate, M.H.Mhatre, Advocate

JUDGMENT/ORDER

NITIN W.SAMBRE, J. - We heard Mr. Mohite, the learned Senior Advocate and Mr. Sahil Salvi the learned Advocate for Respondent No.3 and the learned APP for the State.

2. The prayer in the present petition is for quashing of Cr.No.300 of 2016 registered for the offences punishable under Ss. 465, 467, 468, 471, 406, 34 of the Indian Penal Code and consequential charge sheet submitted against the Petitioner.

3. The genesis of the offence alleged against the Petitioner rests on the following facts:

<WXY>a. It is claimed that the complainant - Respondent No.3 and the Petitioner are the relatives. One Bhagirath Bendu Bhoir, father of complainant Dharmendra Bhagirath Bhoir i.e. Respondent No.3 herein was running a restaurant and FL-III license by name Sandhya Lunch Home who died on 8/6/1993.

b. It is the case of Respondent No.3 that because of serious health issues of his father the Petitioner, being a man of confidence was given the aforesaid business for management on hire.

c. The Petitioner, having regard to the advanced age of the father of Respondent No.3 and his indisposed health condition, practiced fraud and got executed a registered sale deed in relation to the aforesaid

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