1 wp-480-09 ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 480 OF 2009 Bharat Shantilal Shah & Ors .. Petitioners. vs. State of Maharashtra & Ors .. Respondents. WITH CRIMINAL WRIT PETITION No. 578 OF 2009 Bharat Shantilal Shah & Ors .. Petitioners. vs. State of Maharashtra & Ors .. Respondents. Mr A.P. Mundargi, Sr.Advocate for the petitioners. Mr S.R.Shinde, A.P.P.,for the State. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED : 11TH SEPTEMBER,2009 P.C.:- Heard the learned counsel for the parties at length. There are some criminal 2 wp-480-09 cases pending in different courts as different F.I.Rs came to be filed. 2. This petition pertains to MECR No.6/2008 and 1/2009. The parties have long history of litigation where one party alleges that they had an agreement of sale in their favour executed by the other party for ten plots of land admeasuring 2.5 acres each. This agreement of sale was allegedly executed in 1993 and according to the buyers the consideration amount was paid but no document was prepared, therefore, the sellers did not perform their part of contract and twenty suits were filed in this Court for a declaration that the plots are in the possession of the respective buyers. In the mean time, the buyers also filed reports with the police which were investigated and certain charge sheets have already been filed.Thereafter, these two reports were filed. The learned counsel for the petitioners submits that the allegations levelled in the present 3 wp-480-09 complaints were also absorbed in the suits. At that time, they did not inform the police. This is abuse of process of law by successive reports to the police. The Investigating Agency also filed affidavit in which the Investigating Officer has categorically stated that the police has found the evidence that certain documents which were tried to be used were forged. Therefore, we do not feel that this is a case where the F.I.R.,can be quashed at this stage. We are not dealing with the controversy in detail purposely because that can prejudice Investigating agency or can prejudice the parties. Therefore, without going into the merits of each of the petitions, we dismiss these petitions as prima facie we found that there are matters which need to be investigated. However, since the litigation has long history starting from 1993, therefore, we direct the police not to take any coercive measures against the accused provided the accused co-operate with 4 wp-480-09 the investigating agency. With these observations petitions are disposed of. Interim order, if any, to continue. Both writ petitions are disposed of. (BILAL NAZKI,J) (A.R.JOSHI,J)