LAWS(BOM)-2023-1-19

SANJAY SUGANCHAND KASLIWAL Vs. STATE OF MAHARASHTRA

Decided On January 04, 2023
Sanjay Suganchand Kasliwal Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) With consent, heard finally at the stage of admission.

(2.) The applicant had placed on record a document styled as "Memorandum of Understanding/ Affidavit " executed before the Notary on 15/11/2017. Considering the discrepancies in the said affidavit, this Court, by order dtd. 28/9/2022, had issued notice to the Notary and sought his explanation. Mr. A.B. Kale, learned counsel has tendered an affidavit of the Notary, wherein the Notary has tendered his unconditional apology. The apology is accepted. The Notary is directed to be cautious in future.

(3.) This is an application filed under Sec. 482 of the Code of Criminal Procedure for quashing the First Information Report No.I-269/2017, dtd. 28/8/2017, registered with Jawahar Nagar Police Station, Aurangabad for the offence punishable under Sec. 420 of the Indian Penal Code and Ss. 3, 4, 10 and 13 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and consequent charge sheet and criminal proceedings being R.C.C. No.2250/2018, pending on the file of learned XIII Judicial Magistrate, First Class, Aurabgabad.