1 WP-2830-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 2830 OF 2009 Shri Vijay Ramchandra Gupta ... Petitioner (Orig. accused) vs. Shri Brijmohan Ramchandra Gupta & Anr. ... Respondents Mr. M.S.Karnik,Advocate, for the petitioner. Mr.Uday P.Warunjikar, Advocate for the respondent No.1. Mr. P.S.Hingorani, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 25th April, 2011. P.C. 1. Heard. 2. The petitioner, who is shown as accused in the Complaint registered as RCC No.3875/2009 pending before the J.M.F.C., Court No.8, Pune, seeks to quash the order passed by the learned Magistrate directing investigation under Section 156(3) of Cr.P.C. According to the learned Counsel for the petitioner, the complaint filed by the respondent No.1 earlier, which was registered as Regular Criminal Case No.725/2006, also includes the complaint about the document in respect of which second complaint is filed in 2009. The petitioner/accused and the 2 WP-2830-09.sxw respondent No.1/complainant are brothers inter-se. The respondent No.1 filed the complaint earlier contending that the petitioner had obtained his signatures on blank papers and had used the same for removing him from the partnership which was carrying on business in the name and style of M/s. Gupta Wines. He also used such signatures for obtaining false Pan Card from the Income-tax Department. On the basis of that, Regular Criminal Case No.725/2006 was registered. The learned Magistrate had directed enquiry under Sec. 202 of Cr.P.C. in that case and investigation was made and report was also submitted. Later on, second complaint was filed in respect of one particular document i.e. Receipt No. 2357 under which certain amount was deposited for the purpose of dissolution of the partnership firm. After perusal of both the complaints, I find that the second complaint pertaining to Receipt No.2357 is fully covered by the earlier complaint and, therefore, it is not necessary and also not proper that a separate case be registered for the same. 3. In view of the above circumstances, in my opinion, the following order will meet the ends of justice :- Complaint registered as Regular Criminal Case No.2875/2009 shall be merged in the Regular Criminal Case No.725/2006. The prosecution shall be at 3 WP-2830-09.sxw liberty to lead necessary evidence in respect of the said document, being Receipt No.2357 in the said complaint. Writ Petition stands disposed of accordingly. (J.H.BHATIA,J.)