KAMAL SHIVAJI POKARNEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Trial Court issued process to the Respondents in the complaint filed by the Appellant. The Writ Petition filed by the Respondents against the issuance of process was allowed. The High Court set aside the process issued by the Trial Court as affirmed by the Revisional Court in the Criminal Writ Petition filed by the Respondents. Aggrieved thereby, the Appellant has filed this appeal.

(2.) It was alleged by the complainant that her father Shamrao Nalavade expired on 17.01.1994. The Respondents Signature Not Verified Digitally signed by were accused of forgery and preparing false documents on the DEEPAK GUGLANI Date: 2019.02.12 15:54:03 IST Reason:

(3.) The Trial Court recorded the statement of the husband of the Appellant and directed issuance of process to the Respondents. The Respondents filed a revision challenging the issuance of process against them which was dismissed. The High Court allowed the Writ Petition filed by the Respondents, holding that the dispute is of a civil nature, and criminal proceedings against the Respondents would be an abuse of the process of law. The High Court recorded a finding that the disputed document cannot be stated to be a sham document, as Shamrao during his lifetime stated on oath that he had handed over the possession of the land to the Respondents. The submission made on behalf of the Respondents that the matter is entirely of a civil nature was accepted by the High Court.