RAJESH HIMATLAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both matters involve common issues, they are being decided by this common order. For properly appreciating the arguments of parties, the facts in Criminal Application No.700/2011 are referred to.

(2.) THERE was a order to dispose of these Petitions finally and hence we have heard counsel accordingly. Hence, RULE. The Respondents waive service. By consent, Rule is made returnable forthwith.

(3.) THE Respondent No.2 (original Complainant) has in his statement alleged that he is residing in Thane district and at the address particularly mentioned by him. He states that he belongs to Adiwasi Warli Community. He made a complaint in writing against the builders Rajesh Himatlal Shah and Mukesh Himatlal Shah. The Complaint is that Rajesh Shah and Mukesh Shah are Managing Directors/ Partners of one M/s Nahalchand Laloochand Private Limited. They have fabricated and forged the Release Deed dated 06.09.2002. It was executed before the Sub Registrar, Borivali on 25.09.2002 on behalf of the dead person Devkubai. In fact, Devkubai expired on 23.07.2000. It is alleged that the complaint was made to the Senior Inspector, Dahisar Police Station on 22.07.2010 immediately after noticing this Release Deed. It is stated that on the basis of the forged documents and more particularly documents prepared in the name of dead person, the immovable property of Adiwasi community is grabbed by these two persons. There is a Power of Attorney dated 03.12.1989 which is prepared in English. That is also alleged to be forged and fabricated. On the strength of this Power of Attorney, but after the death of Devkubai, the said Release Deed is stated to be executed. Such act amounts to not only cheating but forgery. There are references made as to how the immovable property, which is extremely valuable being Survey No.327/3 Hissa No.3 CTS No.1475 admeasuring 9522.2 sq. meters and Survey No.328 Hissa No.11 CTS No.1462 admeasuring 1397.8 sq. meters of village Dahisar, Taluka Borivali, Mumbai Suburban District, is grabbed by the Applicants (Rajesh and Mukesh) on the basis of this fraudulent and fabricated Release Deed. It is on such allegations that the First Information Report has been registered and the original accused have approached this Court seeking quashing of this First Information Report.