Kamlesh Singh Harnamsingh ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 9606 Bom

                                                                             906-WP-713-2022=.doc

                       Uday S. Jagtap


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL WRIT PETITION NO. 713 OF 2022

                       Kamleshsingh Harnamsingh Chowhan                      .. Petitioner

                                 Vs.

                       The State of Maharashtra                              .. Respondent

                                                     .....
                       Mr. Vivek Kantawala a/w Mr. Amey Patil, Mr. Jash Vyas, Mr. Shanay
                       Bafna for the petitioner

                       Ms. M.H. Mhatre, APP for the respondent - State
                                                      .....

                                                  CORAM : REVATI MOHITE DERE &
                                                          PRITHVIRAJ K. CHAVAN, JJ.

DATED : 21st SEPTEMBER, 2022.

P.C.

1. Heard learned Counsel for the petitioner.

2. By this petition, the petitioner seeks quashing and setting aside

of the FIR bearing C.R. No. 541/2021 registered with the Matunga

Police Station and consequently, the charge-sheet filed in the said

FIR for the offences punishable under Sections 419, 420, 485, 468, Digitally signed by UDAY UDAY SHIVAJI SHIVAJI JAGTAP Date:

JAGTAP    2022.09.22
          17:51:44
          +0530
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                                                 906-WP-713-2022=.doc

471 r/w Section 34 of the Indian Penal Code.

3. Learned Counsel for the petitioner states that the petitioner is

a practicing Advocate, who is a co-owner / co-landlord of the

leasehold plot bearing No. 45(South), Dadar, Matunga Estate F

Ward 6785 to 6789 St.No. 352 to 356, 356A C.S. No. 134/D 10

admeasuring 3351.20 sq.mtr. together with the building standing

thereon. He submits that the allegations made by the respondent

no.2 - complainant is that the petitioner had forged the rent receipt.

He submits that the petitioner does not dispute having issued the

rent receipt. He further submits that the petitioner in civil

proceedings i.e. in Appeal No. 551 of 2004, has been declared as a

co-owner of the Trust property, by this Court vide judgment and

order dated 11th January, 2019.

4. The aforesaid petition was on board yesterday at Serial No.76.

The learned Counsel for the petitioner states that since there was

urgency in mentioning the aforesaid petition, notice of the same was

given to the learned Counsel for the respondent no.2 to appear

before this Court at the end of the day. However, despite the same,

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none appeared for the said respondent. He further submits that the

learned Counsel for the respondent no.2 was informed of today's

date. Despite notice, none appears for the said respondent.

5. Having heard the learned Counsel for the petitioner and

having perused the documents, in the meantime, till the next date,

proceeding before the trial Court is stayed in terms of prayer clause

(b-1).

6. Stand over to 16th November, 2022.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

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