Jaiprakash Bansilal Raka And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12092 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

           CRIMINAL WRIT PETITION NO. 2819 OF 2022

Jaiprakash Bansilal Raka & anr.                       ...   Petitioners
      v/s.
State of Maharashtra & anr.                           ...     Respondents


Mr. Abhishek Saliam a/w. Pratik Gawade & Mayuresh Ingale for the
Petitioners.

Mrs. P.P.Shinde, APP for the State.
Mr. P.D.Gaikwad, PSI present.


                     CORAM : REVATI MOHITE DERE &
                             R.N.LADDHA, JJ.

                     DATE      : 24th NOVEMBER 2022

P.C. :

Heard learned Counsel for the Petitioners.

2. By this petition, the Petitioners seek quashing of the FIR,

registered vide C.R. No.30/2022 with Pimpri Police Station, Pune for

the alleged offences punishable under Sections 193, 420 r/w Section 34

of the Indian Penal Code.

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3. Learned Counsel for the Petitioners submits that all the parties

are inter se related, inasmuch as, both the Petitioners are brothers and

the Respondent No.2 (original Complainant) is their sister. He submits

that all the allegations made in the FIR by the Respondent No.2 have

already been decided in the Civil Suit, between the parties. Learned

Counsel relied on the judgments passed by the Civil Courts in support

of his submissions.

4. Issue notice to the Respondents, returnable on 19th January

2023. Learned APP waives notice on behalf of the Respondent No.1-

State and seeks time to take instructions.

5. In addition to Court notice, learned Counsel for the Petitioner to

serve the Respondent No.2 by private notice and file affidavit of

service before the next date.

6. Learned Counsel for the Petitioner to supply spare copy in the

Registry, if not supplied, within two weeks from today, so as to enable 3/3 907 wp 2819.22.docx

the Registry to issue notice to the Respondent No.2, failing which the

Petition shall stand dismissed for non-prosecution, without further

reference to the Court.

R.N. LADDHA, J. REVATI MOHITE DERE, J.

Lata Panjwani, P.S.



                 Digitally signed by
BIPIN            BIPIN DHARMENDER
DHARMENDER       PRITHIANI
PRITHIANI        Date: 2022.11.28
                 12:52:36 +0530