MINAKSHI DNYANESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. The learned APP waives service of the rule. By consent of parties, taken for final disposal at the admission stage itself, since very short issue is involved in the matter.

(2.) THE petitioners have filed this writ petition under Article 226 of the constitution of India, seeking a direction against the respondent-State to register a crime at Shirur Police Station, taluka Shirur, District Pune, for the reasons disclosed in the writ petition. The grievance of the petitioners is that though the petitioners have made several representations to the concerned police station, the police have not taken any cognizance thereof and have not registered a case against the persons who, according to the petitioners, have committed a cognizable offence. The petitioners have relied upon the representation dated 22nd November, 2007, followed by other representations made by the petitioners from time to time with the police authorities till 3rd March, 2008, the copies of which are annexed to the petition.

(3.) THE case of the petitioners, as tried to be made out, in short by these representations is as under : the petitioners are the purchasers and owners of plot Nos. 2 to 8, situate at village Shirur, Ramlinga road, taluka Shirur, District Pune. One Mr. Sonyabapu ravji Waluj is claiming that property situate towards northern side of these plot nos. 2 to 8 is owned by him and that he along with seven persons named in the representation, are preventing the holders of Plot Nos. 2 to 8 in putting up construction thereon. These named persons are obstructing the occupation of the petitioners of these plots. Aforesaid Mr. Sonyabapu Rayji Waluj claims to have purchased the property, situate towards northern side of these plots of the petitioners on 23rd April, 2007 from following three persons :- (1) Govinda Mukinda Nhavi, (2) Lakshman Mukinda Nhavi (3) Vitthal Mukinda Nhavi. In the representations aforesaid, the petitioners have stated that aforesaid two vendors Govinda and Lakshman have died long back on 27th October, 1939 and 30th December, 1947 respectively, and that in place of these two dead persons, some other persons were set up for bringing into existence the aforesaid sale-deeds dated 23rd April, 2007 by false personation (sic : impersonation ). On all these and such other allegations, it is claimed by the petitioners that aforesaid sonyabapu Rayji Waluj and 7 others have committed offences punishable under sections 419, 420, 464 (2), 468 of the Indian Penal Code.