1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 194 OF 2009 Narayan Purbhaji Bhukkatare and another Versus State of Maharashtra and another *** Mr. H. M. Salve, Advocate for the Applicant. Mr. D. R. Korde, A.P.P. for the Respondent/ State. *** 1. Heard learned counsel extensively. The original complainant/ Respondent No.2 though served, is absent. The accused/ applicants have urged to quash proceedings No.33 of 2005 dated 22nd July, 2005 [RCC 822 of 2005 pending before learned J.M.F.C., Nanded]. 2. Having gone through the report dated 16th January, 2005, lodged by the original complainant Dr. Kanhyyasinh Govindsinh Tehra, I find that he has purchased different patches of the agricultural field from the family member or the legal representative of the original owner from Gat No.175 which totally admeasure 2 Hectare 59 Ares. The details of different sale deeds are given by him, having 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. purchased by Yashodabai Narayan vide sale deed dated 14th October, 1992 and thereafter he purchased the same from said Yashodabai on 26th February, 1993. The lands of other group of Narayan and Waman, which was purchased by Yashodabai, mutated in the name of Yashodabai, was purchased by the said complainant on 29th September, 1992 and 1st January, 1993. He has a contention that without any right, authority, the Applicant No.1, being entitled to retain possession of 1 Hectare 7 Ares, however, entire land was shown to be possessed and owned by and consequently, the complainant lost possession. 3. Considering the nature of allegations it is apparent the matter centers to the civil dispute than any infraction of penal provision as indicated by the said complainant/ Respondent No.2 herein. It is in order to give cloak to the civil proceedings and to create atmosphere of oppression, to have a speedy 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. remedy in his favour, probably the complainant has moved the criminal Court. Such exercise needs to be deprecated. In terms of section 482 Cr.P.C. the issuance of process and pendency of the criminal proceedings amounts to abuse. Consequently, it is set aside. Application allowed. [K. U. CHANDIWAL, J.] Dated:02/09/2009. ans/194