1 (crim appln 3293 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3293 OF 2010 Mr.Dinesh D. Sarmalkar and Ors. ...Applicants Vs. The State of Maharashtra and Anr. ...Respondents ----- Mr.Satyavrat Joshi for Applicants Mr.P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE J. DATED: 6TH SEPTEMBER, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants. 2. This is an application filed by the Applicants for quashing a criminal complaint which is registered vide C.R. No. 166 of 2010 for the offences registered under sections 420, 406, 465, 467, 471 r/w. 34 of the Indian Penal Code. 3. It is alleged in the complaint that the Applicants have forged and fabricated the Will of the husband of the Complainant. 2 (crim appln 3293 of 2010) 4. Firstly, it is submitted that in the anticipatory bail application, the Sessions Court has observed that the original Will is with the Complainant. Secondly, it is submitted that by the said Will, the entire property has been given to the Complainant and, therefore, the question of cheating or breach of trust does not arise. 5. It is not possible to accept the submission made by the learned Counsel for the Applicants. Since all these questions are disputed in the complaint and, therefore, it is not possible to go into the merits of the case at this stage, in exercise of powers under section 482 of the Cr.P.C. 6. The Applicants are at liberty to file an application for discharge at the appropriate stage. If such an application is made, the same shall be decided expeditiously and if possible, within a period of six months. 3 (crim appln 3293 of 2010) 7. Criminal application is disposed of in the aforesaid terms. All the contentions raised by the Applicants in this application are kept open. (V.M. KANADE J.)