MANISHA MANOHAR GOKHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these criminal applications filed under section 482 of the Criminal Procedure Code are being decided together in as much as they arise out of the similar state of facts.

(2.) The applicants in both the applications have come out with a case that they have been falsely involved in criminal prosecutions initiated by the respondent No. 2 Smt. Vijaya Joshi. The applicant in context of criminal application No. 5337 of 2003 and the applicant No. 1 in the companion application is the real sister of the respondent No. 2 Smt. Vijaya Joshi. They are in all four sisters and 2 brothers. Their father has left certain movable and immovable property at Velas, Taluka Mandangad. The respondent No. 2 and other two sisters desired to initiate dispute against their two brothers about the properties of their father. Their father died on 8th November, 1970. The petitionee Smt. Manisha initially had joined them. The four sisters jointly decided to initiate proceedings to stake legal claim in respect of their rights. They together prepared a power of attorney. The remaining three sisters of the applicant-Smt. Manisha called for a meeting on 3rd December, 2000 at Pune.

(3.) The husband of applicant-Smt. Manisha who is applicant No. 2 in criminal application No. 5336 of 2003, attended the said meeting. He informed the other three sisters of applicant-Smt. Manisha that he was instructed by her to tell them that she was no more interested in proceedings against the two brothers. He informed them that she was not ready to file any proceeding against her two brothers. He also told that she has withdrawal from the common power of attorney which was in favour of Mahadeo Bhikaji Apte to look after the litigation on their behalf.