LAWS(BOM)-2024-4-141

DARRYL THOMAS FERNANDES Vs. AUBREY DSOUZA

Decided On April 29, 2024
Darryl Thomas Fernandes Appellant
V/S
Aubrey Dsouza Respondents

JUDGEMENT

(1.) Heard learned Counsel Ms. Swati Kamat Wagh for the Petitioners, Mr. Telles appearing with Mr. Chanekar for Respondent Nos. 1 and 2 and the learned Additional Public Prosecutor, Mr. Vaze for Respondent No. 3.

(2.) The Petitioners [original Complainants] being aggrieved by the orders passed by the learned Additional Sessions Judge dtd. 23/12/2022, thereby allowing the Revision under Sec. 397 of Cr.P.C. and dismissing the Petitioners' complaint, preferred the present Petition.

(3.) Ms. Swati Kamat Wagh appearing for the Petitioners would urge that instead of dismissing the entire complaint, the learned Revisional Court could have remanded the matter to the concerned 'E' Court for the purpose of deciding the complaint/application filed by the Petitioners alleging therein that a false affidavit was filed by the Respondents in the inventory proceedings of the year 2007.