Sunil Pandurang Mantri vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 448

N. J. JAMADAR
Sunil Pandurang Mantri – Appellant
Versus
State of Maharashtra – Respondent

Advocates appeared:
Mr. Prathamesh Samant a/w Mr. Siddhant Dalvi, for the Petitioner. Mr. S. R. Agarkar, for the Respondent/State; Mr. Yashpal Thakur a/w Mr. Mukund Pandya, for Respondent No.2.

JUDGMENT

N. J. Jamadar, J. - Leave to amend so as to implead Khimchand Prithviraj Kothari, as party Respondent No.2. Necessary amendment be carried out forthwith.

2. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.

3. This Petition under Article 226 and 227 of the Constitution of India and Section 482 of Code of Criminal Procedure, 1973 (The Code) calls in question the legality, propriety and correctness of an order dated 5 th August 2017, passed by the learned Additional Sessions Judge, Greater Bombay in Criminal Revision Application No. 137 of 2017 whereby the Revision Application came to be dismissed affirming the order passed by the learned Additional Chief Metropolitan Magistrate (A.C.M.M.) 40th Court, Mumbai on 10th August 2016 in C.C. No. 445/PW/2014 summoning the petitioner as an accused in the said case by invoking the powers under Section 319 of the Code.

4. The background facts leading to this petition can be stated in brief as under:

(i) Shyamsundar Chandulal Bhangar (A2) and Uma Shyamsundar Bhangar (A4) had entered into an agreement to sell flat No. 12A, Valkeshwar Ruby Terrace, Co-operative Housing Society, Valke