IBRAHIM AHMED TAJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Criminal Writ Petition has been filed by the Petitioner for the following substantial relief :-

(3.) It is the case of the Petitioner that, the Respondent No.2/Complainant and his wife Mrs. Sabina M Patel had purchased a building known as Patel Mansion situated at 49/55, Sheriff Devji Street, Chakla, Mumbai - 400 003 bearing City Survey No.781 of the Mandvi Division by a registered Deed of Conveyance dated 27/01/2012 from the then owner. It is also the case of the Petitioner that there are 37 tenants in the said building. One Mrs. Zulekha Gulzarali Sayed was one of the tenants in the said building. She was monthly tenant in respect of Room No.28 which is at third floor of the said building since 21/05/2004. The said Zulekha Gulzarilal Sayed was in arrears of monthly rent since 01/04/2005 to 30/04/2012 which comes approximately to Rs.38,296/-. The complainant came to know that the said Zulekha Sayed was no longer in occupation and possession of the said tenement and that she had without the permission or consent of the complainant, sublet the said tenement to the Petitioner. The Respondent N.2/Complainant therefore filed Eviction Suit in the small causes Court against the Petitioner and the said Zulekha Sayed. It is the case of the Petitioner that various false, forged and fabricated documents purportedly signed by Mrs. Zulekha Sayed were filed in the said Suit. Respondent No.2 therefore filed a private complaint before the learned Metropolitan Magistrate, 28 th Court, Esplanade vide No.65/2019 for commission of offences punishable u/s. 420, 465, 467, 468, 471 r/w 120-B of the Indian Penal Code and, the learned Metropolitan Magistrate passed an order of investigation under Section 156(3) of the Criminal Procedure Code. On the basis of the aforesaid allegations, the Respondent No.2 lodged a MECR No.5/2019 (FIR No.213/2019) dated 16/07/2019 against the Petitioner and others for commission of offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code.