2025:BHC-AS:51707-DB Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2522 OF 2024 Shubhangi Shrikant Tillu and Ors. .. Petitioners Versus State of Maharashtra and Anr. .. Respondents ....................

 Mr. Mhaispurkar i/b Adv. Sumedh Modak, Advocates for Petitioners.

 Mr. Shivamsinh Deshmukh a/w Mr. Aaditya Sharma, Mr. V. Kamble for Respondent No.2.

 Ms. Gauri Rao, APP for State  A.P.I Ambika Gaste (Bazarpeth Police Station)

......…...........

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 25, 2025.

P.C.:

1. Heard Mr. Mhaispurkar, learned Advocate for Petitioners; Mr. Deshmukh, learned Advocate for Respondent No.2 and Ms. Rao, learned APP for State.

2. Present Petition is filed for challenging order dated 15.05.2024 passed by the Additional Sessions Judge, Kalyan in Criminal Revision Application Nos. 62 and 63 of 2021 and order dated 29.07.2021 passed by the 6^th Judicial Magistrate First Class, Kalyan in Other Miscellaneous Application No. 326 of 2020.

3. Briefly stated, it is pleaded that one Waman Sadashiv Patwardhan and his mother Parvati Sadashiv Patwardhan were owners of land bearing Survey No. 276/3 new CTS No. 3427 admeasuring 6322.7 square meters (for short “said property”). On 17.12.1992 Waman Sadashiv Patwardhan and Parvati Sadashiv Patwardhan entered into an oral agreement for sale of the said property with one Salman Anis Dolare for a consideration of Rs.7,50,000/- which he duly paid. However before execution of the Sale Deed, Waman Sadashiv Patwardhan and Parvati Sadashiv Patwardhan both passed away. Thereafter, Salman Anis Dolare filed Special Civil Suit No. 303 of 2015 before Civil Judge Senior Division, Kalyan seeking execution of Sale Deed which was allowed vide Judgment dated 03.02.2016 declaring Salman Anis Dolare as owner of the said property and Petitioners were directed to execute Sale Deed in favour of Salman Anis Dolare.

3.1. One Mr. Paresh Harishchandra Bhoi (for short “Respondent No. 2”) filed Civil Suit No. 348 of 2016 before 5^th Joint Civil Judge Senior Division, Kalyan seeking temporary injunction among other reliefs claiming to have his residence and four cow sheds on the disputed property. By order dated 26.10.2018 injunction was granted on sale of the said property. Numerous rounds of litigation ensued thereafter which culminated in the Supreme Court passing order dated 13.01.2021 directing parties to maintain status quo on the said property.

3.2. Thereafter it is Mr. Bhoi’s case that despite pendency of the proceedings, Salman Anis Dolare, along with on Musab Anis Dolare and one Bilal Ansar Kamle ( for short “Original Respondent Nos. 1 to 3”) attempted to dispossess Respondent No.2 and on 22/9/2020, original Respondent No. 1 entered into the said property and demolished three cow sheds using a JCB machine and caused death of one of his buffaloes.

3.3. Respondent No.2 approached the concerned police station where NCR No. 0580 of 2020 dated 22.10.2020 was registered, however the officer in-charge did not take cognizance of the offense and declined registration of FIR. Thereafter Respondent No. 2 addressed a written complaint dated 10.10.2020 to Commissioner of Police however no action was taken.

3.4. On 11.10.2020 Respondent No. 2 filed Criminal Miscellaneous Application No. 326 of 2020 before 6^th Judicial Magistrate First Class, Kalyan (for short “Magistrate”) under Section 156(3) of Criminal Procedure Code, 1973 (for short “CrPC”) seeking directions to officer-in-charge of Bazarpeth police station to register FIR under Sections 192, 420, 452, 464, 466, 467, 471 and 395 of the Indian Penal Code, 1860 and to conduct investigation against original Respondent Nos. 1 to 3 as well as present Petitioners for demolition of Respondent No.2’s cow shed and causing death of one of his livestock. On 29.07.2021, Magistrate allowed the aforementioned application and directed Police Inspector of Bazarpeth Police Station to investigate the alleged offences an