-: 1 :- apl-1234/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPL. NO. 1234 OF 2011 Chandubhai J. Senghani. ..Applicant. Versus Abhimanyu Vishnu Sarak & Anr. ..Respondents. Mrs. P. L. Jain i/b Corpslegal for the applicant. Ms. S. V. Gajare, APP for the State. Coram : RANJIT MORE, J. Date : December 1, 2011. P. C. : 1. Heard learned counsel for the applicant. By this application filed under section 482 of Code of Criminal Procedure, 1973 the Applicant has prayed for quashing the proceedings of Criminal Case No.76/SW/11 pending before the Metropolitan Magistrate, 11th Court, Kurla, Mumbai. The said complaint is filed for the offences punishable under sections 420, 406, 466, 467, 469, 471, 426, 448, 423, 511, 506(II), 120- B read with section 114 and 34 of Indian Penal Code, 1860. The applicant is Accused No. 14 in the said case. 2. Learned counsel for the Applicant submitted that srp -: 2 :- apl-1234/11 Applicant herein is the Developer, developing the property in question pursuant to the resolution passed by Managing Committee of SRA Society. She further submitted that respondent no.1 – Complainant is not residing there, therefore, Respondent no.1 has no locus to file the complaint in question. 3. Perusal of paragraph no.1 of the complaint demonstrates that Complainant has claimed that he is residing in the premises in question alongwith his family members since long and he has ample evidence of his stay in the said premises. In paragraph no.2, the complainant has made specific allegation against all the accused including the present Applicant that Resolution of the General Body Meeting is shown to have been passed by forging the signatures of members of the society. In paragraph no.4, further allegations are made that the accused persons for their personal gain and loss to others threatened the occupants including the complainant for not giving consent to them [Accused] for redevelopment under SRA scheme; of forcibly demolishing their existing premises by using Dadagiri and Goondagiri. The perusal of entire complaint discloses that allegations constitute the offence under which the present applicant alongwith others are being tried. The veracity of -: 3 :- apl-1234/11 allegations can be tested at the stage of trial. This is not the stage where the criminal proceedings can be quashed. Taking over all view of the case, I find no reason to exercise powers of this Court under Article 227 of the Constitution of India or under section 482 of the Code of Criminal Procedure, 1973. In that view of the matter, application is dismissed. (RANJIT MORE, J.)