IRFANULLAH HABIBULLAH FARUQI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It is an application under Section 439 of Code of Criminal Procedure, 1973.

(2.) Applicant is accused in Crime no. 682 / 2008 registered with Oshiwara Police Station, at the instance of his paternal uncle Mr. Kifayatullah Faruqui for the alleged offences punishable under Sections 420 , 465 , 467 , 468 , 471 , 452 , 427 , 504 read with 34 of the Indian Penal Code , 1860 (' IPC ' for short).

(3.) Dispute relates to a family property/Bungalow, in respect of which, the proceedings under Section 145 of the Criminal Procedure Code, 1973 (' Cr.P.C .' for short), were initiated, but dropped somewhere in 1992. It appears, the applicant is claiming right over the property in dispute, on the basis of the gift deed and the Power of Attorney executed by Mrs. Ahmedunissah Samiullah Faruqui, wife of his another paternal uncle, Mr. Samiullah.