In this criminal application, the petitioner sought quashing of an FIR alleging the use of bogus documents to sell her property. The High Court held that the genuineness of documents is an issue for investigation and no case was made out for quashing, dismissing the petition.
The petition for quashing the FIR was dismissed.
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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 1078 OF 2008
Smt. Louiza Francis Coutto
@ Tina CouttoPetitioner
Vs.
Sr. Inspector of PoliceRespondents
M.I.D.C. Police Stn. Mumbai & Ors.
Ms. Betty D’Souza, for the Petitioner.
Mrs. S. D. Shinde, APP for the Respondent.
CORAM : BILAL NAZKI, &
A. A. KUMBHAKONI, J.
DATE : AUGUST 4, 2008.
PC :-
.It appears that a case has been registered
on the basis of a complaint that the accused
presented some documents before the Government with
respect to a piece of land and obtained certain
orders by which the property was sold to a third
person, although the property belonged to the
complainant. Now, the petition has been filed for
quashing of the FIR.
2.It is submitted on behalf of the respondent
that certain documents have been used for the sake of
getting benefits, which prima-facie discloses the
- 2 -
case for investigation. It is for the investigation
officer to come to the conclusion whether the
documents alleged to have been used for the purpose
of sale, were bogus and genuine or not. In these
circumstances, no case is made out for quashing the
FIR. In the result, petition is dismissed.
Sd/-
[ A. A. KUMBHAKONI, J.]
1 issue framed by the court
Whether the filing of FIR for use of alleged bogus documents for property sale warrants quashing.
Smt. Louiza Francis Coutto @ Tina Coutto
Sr. Inspector of Police
BILAL NAZKI, A. A. KUMBHAKONI, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court