HARSHAD ANIL KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These criminal application and writ petitions have been preferred for quashment of the First Information Report ("FIR") bearing CR No.44 of 2016 registered with Govandi Police Station, Mumbai (EOW CR No.38 of 2016) and the consequent proceedings, being RCC No.578/PW/2017 pending on the fle of 47th Metropolitan Magistrate Court, Mumbai, arising out of the registration of the said FIR for the offences punishable under Sections 406, 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, by the accused who have been arraigned therein.

(2.) As the very action of registration of the FIR is called in question, apart form the merits of the matter having bearing upon the question of quashment of the subject FIR and the consequent proceedings, we have heard the learned Counsels for the parties on the aspect of justifability of registration of the FIR, in the absence of prior examination of the matter by the High Power Committee, now designated as the Apex Grievance Redressal Committee ("AGRC") under Section 35 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("the Slum Act, 1971").

(3.) The brief factual matrix giving rise to the instant application and the petitions can be stated as under: