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2023 Supreme(Online)(Bom) 5941

BENCH AT AURANGABAD
R. M. Joshi, J
SANJAY NATHMAL JAIN AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent


JUDGMENT

1. A landlord is interested in seeking possession of premises let out to tenants. Tenant fled suit seeking injunction against the landlord and subsequent purchasers restraining them from obstructing their possession over the property. Landlord commits suicide. Police get information about the said suicidal death and also suicide note left behind by the deceased. No offence is registered. Tenants are called in the police station and they are detained there for more than 24 hours. While they are in custody of police, premises concerned are demolished. Documents were got executed from them in presence of police personnel. The contents of document are approved by PI of Police Station. Said documents are to the effect that the tenants are voluntarily surrendering tenancy rights in favour of the landlord.

2. These are broadly set of facts, as they are appearing from applications being Misc. Application No. 137/2022 and 147/2022 fled by the tenants before Judicial Magistrate First Class, Amalner, for seeking direction to register crime and to investigate the same under Section 156(3) of Code of Criminal Procedure. Learned Magistrate, on the day of presentation of complaint, place

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