:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION WRIT PETITION NO. 859 OF 2001 Mr.Shavak Burjorji Patell and ors. ..Petitioners. Vs. Mr. Jamshid Kersi Dalal and ors. ..Respondents. Adv. Mrs. Revati Mohite Dere for the Petitioners. Mr.J.D.Kocheta for the Respondent No.1 Mr.P.A.Pol, APP. for the Respondent No.2. CORAM : R.S. MOHITE, J. DATED : 09.4.2008. P.C. P.C. P.C. 1. Heard Advocates present and the A.P.P. for the State. 2. Rule. By consent, rule made returnable forthwith. 3. This petition has been filed by five petitioners who are accused Nos. 2,4,5,6 and 7 in Criminal Case No.271 of 2001 pending in the court of J.M.F.C. (A.C. Court), Pune. The complaint is filed by One Jamshid Kersi Dalal who along with accused were partners of a firm known as M/s. Dorabjee & Company. The allegation is that the original accused Nos. 1 and 2 i.e. Mrs.Thrity Rusi Poonawalla and Mr.Shavak B. Patel who are also the partners of M/s. Dorabjee & Co. have filed false affidavit before the Registrar of Companies for :2: registration of the company by name Dorabjee & Co. Pvt. Ltd. False statement in the affidavit was that there was no legal proceeding against the firm or any of the partner when civil suit in fact was pending. Perusal of the said affidavit indicates that at the end of the affidavit there is disclosure that the suit is pending. Apart from that the said affidavit is not signed by any of the present petitioners. In the complaint a bald statement is made that this was done with the common intention of other accused. There is nothing in the complaint to indicate as to how there was common intention. In this view of the matter, the present petition deserves to be allowed and the same is allowed in terms of prayer clause (b). It is made clear that Criminal case will proceed only against the original accused Nos. 1 and 3. Hearing of the criminal case is expedited. (R. S. MOHITE, J.)