Bombay High Court
Omprakash Shobharam Gawhane vs State Of Mah. Thr. Pso, Ps Ramtek, ... on 20 April, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 289 OF 2023
Shri Omprakash Shobharam Gawhane
Vs.
State of Maharashtra, Thru. PSO, PS Ramtek, Nagpur and Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. A.C. Khare, Advocate for petitioner.
Mr. N.R. Rode, APP for respondent Nos.1, 4 to 7.
CORAM : VINAY JOSHI, AND
BHARAT P. DESHPANDE, JJ.
DATE : 20.04.2023.
Heard.
2. This petition under Articles 226 & 227 of
the Constitution of India read with Section 482 of
the Code of Criminal Procedure, 1973, is seeking for
quashing of the charge-sheet arising out of the FIR
No.296/2022, registered with Police Station Ramtek,
District-Nagpur, for the offences punishable under
Sections 181, 182, 193, 424, 431, 489 of the Indian
Penal Code read with Section 3 of the Public
Property Act.
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3. It is petitioner's case that respondent
Nos.2 and 3, are neighbouring residents, who owns
adjacent property. According to petitioner,
respondent Nos.2 and 3 made an encroachment on
the petitioner's property bearing Survey No.1833, for
which a civil suit was filed. The First Appellate
Court granted a decree in favour of petitioner for
removal of encroachment and handing over the
possession. The said decree was confirmed up to
Supreme Court.
4. Later on, respondent Nos.2 and 3 have
filed a civil suit for nullifying the effect of decree,
however, the plaint was rejected in terms of Order 7
Rule 11 of the Code of Civil Procedure. The said
order was confirmed in First Appeal. Facing failure,
respondent Nos.2 and 3 have filed one another suit
on the similar ground with the sole intention to
defeat the decree which was obtained by the
petitioner. No sooner said suit was filed existing FIR
has been lodged raising a similar grievance about
landed dispute which has attained finality up to
Supreme Court.
5. In support of said contention, petitioner
has produced the copies of all the judgments up to
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Supreme Court. Moreover, we have been taken
through the sections invoked in the FIR to contend
that they does not apply at all. Prima facie, we find
substance in the contention raised by the petitioner.
We find that an exceptional case is made out to stay
the proceeding pending in trial Court arising out of
said FIR.
6. Issue notice to the respondent Nos.1 to 3,
returnable on 08.06.2023.
7. Mr. Rode, learned APP waives service of
notice on behalf of respondents/State.
8. In the meantime, the proceeding of RCC
No.97/2022, pending on the file of Judicial
Magistrate First Class, Ramtek, District-Nagpur,
stand stayed till further orders.
JUDGE JUDGE
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