ASHOK MOTILAL SARAOGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending arrest in CR No.288 of 2015 registered with Azad Maidan, Mumbai under Sections 465, 466, 467, 468, 471, 200, 209 read with Section 120-B of the Indian Penal Code. The police Inspector Shri Haridas R. Kumbhar has lodged the first information report dated 17th October 2015 against the applicant and two other Advocates alleging that the applicant in conspiracy with other two Advocates namely Smt. I.V. Tauro and Shri Sohel E. Kazi with a view gain have monetary benefits, prepared forged and fabricated documents and used the same in the Court proceedings with a view to deprive Smt. Nickee Ashish Bagaria of her legitimate right. It is alleged that in furtherance of the said conspiracy the applicant along with other accused persons filed collusive arbitration petition in the High Court with a view to give legitimacy to the fraudulently procured bogus and/or fabricated award issued by the accused Advocate Sohel Kazi.

(2.) The facts germen to the lodging of the said first information report no.288 of 2015 can briefly be summrised as under:

(3.) In pursuance of the said order dated 21.7.2015 the Deputy Commissioner of Police, Zone-I, Mumbai after conducting preliminary enquiry submitted his report before the learned Single Judge of this Court on 13.10.2015. It further appears from the record that the applicant has given a statement dated 2.10.2015 in the said enquiry, refuting the allegations and stating his probable defence in the crime. The said report was taken on record. In the said report the Deputy Commissioner of Police had reached to the conclusion that the case of commission of offence is made out. Therefore the learned Single Judge by an order dated 13.10.2015 was pleased to observe that in view thereof further steps as per law may be taken in that behalf. After the said order dated 13.10.2015 was passed, the first informant i.e. the aforesaid police officer lodged the first information report bearing CR No.288 of 2015 on 17.10.2015 on behalf of the State. As stated hereinabove, it is in this background the applicant apprehends his arrest at the hands of the police.