Harendra Daulatrai Shah and Ors. v. the State of Maharashtra
Case brief
What is this about?
In this writ petition, petitioners challenged an FIR for purchasing agricultural land by falsely claiming agriculturist status. The Court directed petitioners to produce prior land ownership documents. Failure to produce such documents satisfied the Court that investigation should continue, leading to rejection of the petition quashing the FIR.
What did the court decide?
Petition dismissed; investigation into FIR must continue; associated applications disposed as such.
What the court decided
USJ
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 780 OF 2009
Harendra Daulatrai Shah and Ors. .. Petitioners
v/s.
The State of Maharashtra .. Respondent
Mr. P.M. Pradhan for petitioners. Smt. V.R. Bhosale, APP for State. Mr. Pradeep A. Joshi for the intervenor in APPW 207/09.
CORAM : B.H. MARLAPALLE &
R.Y.GANOO, JJ.
Dated : 16th November, 2009.
P.C. :
Issues for consideration
3 issues framed by the court
Whether the writ petition for quashing the FIR lodged for purchasing agricultural land with false status declarations is maintainable.
Whether the requirement of production of prior agricultural land documents (7/12 extract) satisfies the test for investigation continuation.
Whether the investigation into the alleged offences under Sections 420, 468, 471 and 34 of IPC must proceed despite petitioners' denial of false documents.
Parties & counsel
- petitioner
Harendra Daulatrai Shah and Ors.
- respondent
The State of Maharashtra
Coram
B.H. Marlappalle
Case details
As recorded by the court registry
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