APPLN.817-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 817 OF 2010 Mohd. Hasim Shaikh & Anr. ...Applicants Vs. State of Maharashtra & Ors. ...Respondents *** Mr. Subhash Jha i/b M/s. Law Global, for the Applicants. Mr. A. S. Shitole, APP for Respondent No.1. *** CORAM: V. M. KANADE J. DATE : AUGUST 30, 2010 P.C. 1. Heard the learned counsel for the applicants and the learned APP for respondent No.1. By this application the applicants are seeking quashing of the criminal complaint filed against them for the offence punishable under S. 384 read with S. 34 of I.P. Code, whereby it is alleged that the applicants have demanded Rs. one lac from the original complainant and had collected Rs.25,000/- from him. 2. It is submitted that the said complaint has been filed APPLN.817-10 - 2 - fraudulently by the complainant and that the police has also connived with the complainant in accepting the complaint. The learned counsel for the applicants invited my attention to the various documents which are annexed to the application for the purpose of pointing out that the applicants had interest in the property of which the complainant is not the owner. 3. In my view, these questions are the questions of fact, which cannot be gone into at this stage. Hence, it is not possible to quash the criminal complaint at this stage. Therefore, the criminal complaint is dismissed. However, the applicants are at liberty to file the application for discharge at an appropriate stage. . Criminal application is accordingly disposed of. [ V. M. KANADE J.]