25-9-2006 C.R.No.297 of 2006 was registered at
the Trombay Police Station on the complaint of
the petitioner against Kamlakant Shah and
Mahendra Patil for the offences under Sections
463, 468, 471, 384, 420, 454, 457 and 380 r/w
Section 34 of the Indian Penal Code. In the
course of the investigation, the police has
recorded the statements of various persons and
though the petitioner was called upon to
produce the registration papers and the other
documents relating to the flat in the police
station, he has not done so. It is also stated
that during the course of the investigation,
the original owner of the flat Shafiq Ahmed
died and the then investigating officer had
visited Village Mandi, Lalgadh, Ajamgadh, Uttar
Pradesh to ascertain as to whether there were
any relatives of the said deceased but he could
not get any information and, therefore, after
concluding the investigation, the police has
filed "C" Summary before the Court of
Metropolitan Magistrate, 45th Court, Kurla,
Mumbai. In the counter to the affidavit in
reply, the petitioner has not only denied that
he had not visited the police station on being
called or that he had not produced the original
documents of the flat but he has also placed on
record the medical certificate of cause of