AMANULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By the consent of the parties taken up for final hearing.

(2.) The present petition is filed by the original accused persons challenging an order passed under Sec. 242 sub sec. (3) of the Code of Criminal Procedure (for short "Cr.P.C. ") by the learned C.J.M., Latur dtd. 2/7/2022. By way of impugned order, the learned Trial Judge has allowed the application filed by the prosecution seeking permission to produce on record the documents as per the list during the course of evidence.

(3.) The facts are that the informant is the owner of land Gat No. 57 admeasuring 80 R from village Borwati, Taluka and District Latur. She became owner of the land by purchasing the land in the year 1985. It is the allegation that the accused persons by forging the documents and by forging the signature of the informant created certain documents and on the basis of those documents have filed suit against her. On receiving a summons in the suit the respondent No. 2/original complainant tried to lodge FIR against the present petitioners for the offences punishable under Ss. 420, 468, 469, 471, 465, 417, 191, 209 r/w sec. 34 of the Indian Penal Code. The said complaint was however, not taken by the police. The respondent No. 2 therefore filed an application seeking direction to the police to investigate into an offence under Sec. 156 (3) of the Cr.P.C.