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2025 Supreme(Bom) 1447

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Shyamsundar Radhyesham Agarwal – Appellant
Versus
State of Maharashtra, through the Government Pleader’s Office, PWD Building, High Court, Bombay – Respondent


Advocates Appeared:
For the Applicant :Mr. Mihir Desai, Senior Advocate with Mr. Pavan Patil, Mr. Prithviraj Gole, Mr. Soham Badole, and Mr. Siddhesh Pednekar.
For the Respondent-State: Mrs. Mahalakshmi Ganapathy, APP
For the Intervener/Applicant in IA. : Mr. Aabad Ponda with Mr. Karan Jain i/by Mr. Faizal Shaikh.

JUDGMENT :

AMIT BORKAR, J.

1. The applicant, who is arrayed as accused No. 3, has moved this application seeking pre-arrest protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The relief is sought in connection with Crime Register No. 559 of 2025 registered at Thane Nagar Police Station for offences under Sections 420, 467, 468, 471, 120B and 34 of the Indian Penal Code, 1860. The FIR is lodged by one Balwant Kashinath Patil.

2. The complainant filed a report under Section 173 of the Bharatiya Nagarik Suraksha Sanhita against the present applicant. His case is that his family depends on cultivation of ancestral land situated at Mouje Navghar, Bhayandar, Thane. The land bears old Survey No. 280 and new Survey No. 91. It admeasures 18,490 square meters and was recorded in 1948 as protected tenancy of his great-grandfather, Vitthal Shinwar Patil.

3. The complainant narrates that Vitthal left behind five heirs. They were Ganeswar Vitthal Patil, Krishnabai Kashinath Patil, Mathurabai Jayaram Gharat, Bhagyabai Mukund Gawde and Bayabai Kakaji Bhoir. Their names were entered as protected tenants after Vitthal’s demise. Upon their deaths, the names of their heirs were

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