BOMBAY HIGH COURT
S.B. Shukre, J
Harish Nemichandji Khajanchi v. State of Maharashtra and Another
| Table of Content |
|---|
| 1. complaint filed regarding encroachment and application for relief. (Para 1 , 2) |
| 2. arguments concerning mala fide intentions behind the complaint. (Para 3 , 5 , 6) |
| 3. court's observations on procedural irregularities and abuse of process. (Para 8 , 10 , 12 , 16) |
1. By the present application filed under S.482 of the Code of Criminal Procedure, the applicant (Original accused No. 13) in Criminal Complaint Case No. 99 of 2010 filed by respondent No. 2 for the offences punishable under S.447, S.448, S.454, S.147, S.148, S.149 and S.427 of Indian Penal Code , seeks the following reliefs :
' (a) to quash the Criminal Complaint Case No. 99 of 2010 (Goverdhan v. Deepak & others) dated 5th October, 2010 (Doct. No.5) filed by the respondent No.2 against the applicant before learned Chief Judicial Magistrate, Gadchiroli;
(b) quash and set aside the impugned order dated 20th November, 2010 (Doct. No. 9) passed by learned Chef Judicial Magistrate, Gadchiroli, in Criminal Complaint Case No. 99 of 2010 (Goverdhan v. Deepak & others).'
2. Brief facts as averred by the applicant leading to filing of the present application are as follows:
The applicant had purchased land bearing surve
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