This petition challenged a revision order quashing a criminal complaint for cheating and forgery. The High Court dismissed the writ, holding the disposal of the criminal complaint was reasonable and preferred that the petitioner continues the existing civil suit on the property dispute.
Writ petition dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
911.WP.511.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.511 OF 2021
DATTATRAY LAXMAN GAVANE VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. Solanke Shikrashna B. APP for Respondents/State: Mr. P.N. Kutti
CORAM : MANGESH S. PATIL, J. DATE : 29.07.2021
PER COURT :
The original complainant is invoking the power of this Court under Article 227 of the Constitution of India for impugning the judgment and order passed by the learned Additional Sessions Judge in Criminal Revision No.56/2019 thereby quashing and setting aside the order passed by the learned Magistrate on his complaint directing a process to be issued against the respondents for the offences punishable under Section 420, 468, 323, 504, 506 of the Indian Penal Code, and instead, dismissing the complaint under Section 203 of the Code of Criminal Procedure.
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911.WP.511.21.odt
have purchased the properties are trying to encroach over the petitioner’s property. It is therefore a clear case of cheating and forgery. Since the matter was at a preliminary stage, an opportunity ought to have been extended to the petitioner to substantiate his allegations and the complaint ought not to have been dismissed at the threshold.
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even to raise this dispute in that suit as is correctly noticed and remarked by the learned Additional Sessions Judge.
(MANGESH S. PATIL, J.)
habeeb
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3 issues framed by the court
Whether the High Court should interfere under Article 227 with the Additional Sessions Judge's order quashing the Magistrate's complaint dismissal in a cheating and forgery case.
Whether the allegations of wrong property description in sale deeds constitute cognizable offences of cheating and forgery warranting criminal process issuance.
Whether a petitioner who is a party to a pending civil suit regarding the same property dispute can maintain a criminal complaint parallel to the civil suit.
DATTATRAY LAXMAN GAVANE
THE STATE OF MAHARASHTRA
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
