sat 1 wp 3010-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3010 OF 2010 Mr.Shyamsunder s/o. Radheshyam Agarwal...Petitioner vs. The State of Maharashtra & Anr. ...Respondents Mr.A.Y. Sakhare, Senior Counsel i/b.Mr.Sandesh Deshpande for the Petitioners. Mrs.P.P. Shinde, APP for the State. Mr.Rajesh Sharma with Mr.Sunil B. Jadhav i/b. M/s.Rajesh S. Sharma & Associates for Respondent No. 2. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 14, 2011 P.C. :- 1 We have heard Mr.Sakhare, the learned Senior Counsel with Mr.Sandesh Patil for the petitioner. 2 As per our Order dated 24th June, 2011, the petitioner’s statement has been recorded and on 12th July, 2011, he has submitted original copies of seven sat 2 wp 3010-2010 documents, the receipt of which has been acknowledged by Shri Fatesingh Patil, Senior Police Inspector, Local Crime Branch, Thane Rural. Mrs.Shinde also brought to our attention the subsequent letter of the Senior Police Inspector calling upon the petitioner to furnish two more documents. 3 Mr.Sharma, the learned Counsel for respondent no.2 has invited our attention to the statement of respondent no.2 - the original complainant which is recorded on 2nd October, 2010 and on the basis of which CR No.218/2010 has been registered. The petitioner prays for quashing of the said CR. 4 It is submitted by Mr.Sakhare that the subject matter of the complaint is subjudice in two different civil suits i.e. Special Civil Suit No. 748/2008 and Special Civil Suit No.20/2010. The Special Civil Suit No.748/2008 has been filed by the petitioner’s nephew Shubham Murlidhar Agarwal, whereas Special Civil Suit No.20/2010 has been filed sat 3 wp 3010-2010 by the complainant and it appears that the bone of contention of the complainant is the inclusion of the plot in old survey No.578 (new Survey No.246), Hissa No.3, admeasuring 1260 sq.mtrs. 5 The irrevocable General Power of Attorney dated 26th May, 2006 has been placed before us by the learned Counsel for the complainant and at Serial No. 15, in the list of description of the properties, the plot in old Survey No.566 (new Survey No.219), Hissa No.6, admeasuring 880 sq.mtrs. has been shown. Whereas the petitioner claims that in the said Power of Attorney dated 26th May, 2006, at Sr.No.15, is the plot in new Survey No.246 (old survey no.578), Hissa No.3, admeasuring 1260 sq.mtrs. Mrs.Shinde, the learned APP invited our attention to the Deed of Rectification dated 27th November, 2006 which has been signed only by the petitioner. 6 We have perused the complaints and Plaints in both the suits as well as the written statements sat 4 wp 3010-2010 filed by the defendants and we are satisfied that the complaint filed by respondent no.2, prima facie, makes out a case for causing investigation and therefore, there is no case made out to quash and set aside CR No.218/2010. 7 The petition, therefore, fails at the threshold and the same is hereby dismissed. 8 Interim order, if any, stands vacated. (U.D. SALVI, J) (B.H. MARLAPALLE, J)