ABDUL AHAD KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

(2.) The Petitioners have filed this Writ Petition for the following substantial relief :- (a) This Hon'ble Court be pleased to quash the FIR bearing No.70 of 2021 registered with Oshiwara Police Station for offences punishable under Sections 141, 143, 145, 147, 148, 341, 452, 504, 506, 506(2) of IPC and the Petitioner be acquitted."

(3.) It is submitted that Petitioner No.1 and Respondent No.2 herein are both in the business of real estate. The 2 nd Respondent is one of the Directors of Gajanan Property Developers Pvt. Ltd. and the original complainant in CR No.70 of 2021. In or around May 2018 the Complainant and his company entered into a partnership with Petitioner No.1 herein for redevelopment of a property situated at Oshiwara. That on 15/02/2021 one Mr. Tushar Mehta who is the sales head of the said project got a call from one Mr. Fahim Khan who told him that the Petitioner herein has told not to start the site tomorrow and the Petitioner No.1 called the ground staff of the complainant and threatened him to keep the site closed tomorrow. Thereafter on 16/02/2021 the Petitioner No.1 and other persons on his behalf allegedly threatened the staff of the complainant and did not let them start the construction work and also threatened them with their life. Hence the present FIR No.70 of 2021 came to be filed with Oshiwara Police Station under Sections 141, 143, 145, 147, 148, 341, 452, 504, 506, 506(2) of the Indian Penal Code.