LAXMIKANT MAKHARIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks to quash and set aside criminal proceedings being C.C. No. 57/P/2001 pending before the Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai, arising out of C.R. No. 3 of 1999 dtd. 30/7/1999 registered at Malbar Hill Police Station, Mumbai for the offenses punishable under Ss. 409, 420, 352, 506(ii) and 385 of the Indian Penal Code (I.P.C.). The Applicant also seeks to quash Order dtd. 2/9/2009 passed by the Addl. C.M.M., 40th Court, Girgaon, Mumbai, whereby his application seeking direction to the Respondent No. 2 to compound the case and withdraw the prosecution, is rejected.

(2.) By order dtd. 8/7/2011, the application was admitted and the proceedings before the Addl. C.M.M. were directed to be stayed.

(3.) Facts of the case are as under :