Rajendra Balkrishna Angane vs The State Of Maharashtra And Anr
2022 Latest Caselaw 11678 Bom

                    Y.S.Patil
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                                                                                   7-WP-3905-2022 .doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO. 3905 OF 2022

                    Rajendra Balkrishna Angane                              ...Petitioner
                         Versus
                    The State Of Maharashtra And Anr                        ...Respondents


                    Mr. Sachin Masurkar i/b SVM Legal for the Petitioner.
                    Mr. A.D. Kamkhedkar APP for the respondent/State.

                                                  CORAM :      AMIT BORKAR, J.

                                                   DATED :     16th NOVEMBER, 2022

                    P.C.:
YUGANDHARA
SHARAD
PATIL

Digitally signed
by YUGANDHARA

1. Issue notice to Respondent No. 2 returnable on 19th SHARAD PATIL Date: 2022.11.18 11:40:18 +0530 December 2022.

2. Prima facie it appears that issue involved is covered by the Judgment of Apex Court in case of Mhod. Ibrahim Vs. State of Bihar 2009 (8) SCC 751. The complainant's case is that the accused declared themselves as owners on the basis of un registered documents and are claiming ownership rights. Prima facie the accused have not portrayed themselves as owners and have not cheated complainant by portraying to be someone else. Complainant is not purchaser of the property.

3. In that view of the matter, the Petitioner is entitled to ad-

Y.S.Patil

7-WP-3905-2022 .doc

interim relief in terms of prayer clause (b). By way of ad- interim relief, further proceedings before the Learned Metropolitan Magistrate at Dapoli in Complaint No. 22 of 2009 shall remain stayed till 21st December 2022.

(AMIT BORKAR, J.)