HARSH KUMAR KHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, under Articles 226 and 227 of the Constitution of India, the Petitioner prays that by an appropriate Writ, Order or directions, the criminal proceedings pending before the J.M.F.C.Kalyan vide Regular Criminal Case No.434 of 2009 in which the Petitioner is an Accused, be quashed.

(2.) I have heard Mr.Ravindra Adsure, the learned Advocate for the Petitioner and Mr.R.S.Apte the learned Senior Advocate for the Respondent no.2. I have also heard Mr. J.P. Kharge, the learned Additional Public Prosecutor for the State Respondent no.1.

(3.) A complaint was lodged by Respondent no.2 herein against the Petitioner (mentioned as Accused No.2 in the said complaint) and his mother Geeta Rajesh Khare (Accused no.1 therein). The complaint alleged that the accused persons had committed offences punishable under sections 417 IPC, 420 IPC, 464 IPC, 466 IPC, 468 IPC,471 IPC and 474 IPC. It was prayed in the said complaint that investigation, as contemplated under section 156 (3) of the Code of Criminal Procedure (hereinafter referred to as 'the Code) be ordered and a case be registered against both the Accused persons.