MOHAN NAMBIAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition was heard at admission stage by this Court (Coram: J.A. Patil, J.) on 30th June 2003 and this Court was pleased to issue Rule and ad-interim stay in terms of prayer clause (b). It appears that, on the said date none appeared for Respondent. The said ad-interim relief granted is being continued till date.

(2.) Background facts for filing the petition are as under:-

(3.) It is the case of the Petitioners that, the investigation of the said crime is completed and the Police have filed the charge-sheet before the learned Metropolitan Magistrate 34th Court, Vikhroli as far back in 2000 and the case is numbered as C.C. No. 333/P/2000. The prosecution case in brief as reflected in the charge-sheet, more particularly in the statement of Original Complainant Mr. Prince Augustine is that the complainant, Prince Augustine has been residing in Flat No. 3, Seagul Agnello Co-operative Housing Society, Pestom Sagar, Chembur, Mumbai, and that Flat No. 4 was purchased in his name from one Mr. Kuttan Pillai on 8.9.1999 for a consideration of Rs. 12 lakhs. The complainant was working with Castrol India Limited as a Senior Manager and that he took a loan from the company and purchased the said flat. The said Mr. Kuttan Pillai and his son, Mr. Jayakumar Pillai i.e. the Accused No. 1 and 2 were residing in his neighborhood and therefore, he knew both of them.