1. Heard.
2. Admit.
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3. Heard finally with the consent of the learned Counsel for
the applicants, learned APP for the State and learned counsel for
the non-applicant No.2.
4. Present application is preferred by the applicants for
quashing of the FIR in connection with Crime No.222/2024
registered with Police Station Ambazari, District Nagpur for the
offence punishable under Sections 457, 454, 427, 380, 504 and
506 read with Section 34 of the Indian Penal Code and the
consequent proceeding arising out of the same bearing RCC
No.4090/2024.
5. The FIR came to be registered in view of the order passed
by the learned Chief Judicial Magistrate, Nagpur in Criminal M.A.
No.1383/2024 filed under Section 156(3) of the Code of Criminal
Procedure (for short ‘Cr.P.C.’). The respondent No.2 is a power
of attorney of Swika Allied Industries Limited and Swika
Investments Private Limited. As per the allegation in the FIR,
the said companies are the owners of the Flat No.7-A and 7-B of
Indu Yash Apartment situated at North Ambazari Nagpur. The
present applicants allegedly trespassed the flats during the night
hours by breaking bricks wall connected between the two flats.
As per the allegations, the applicants illegally and unauthorizedly
obtained the possession of the said flats and there were fixtures
and furnitures in the said flat amounting Rs.20,00,000/- which
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were also stolen by the present applicants. It is alleged that the
petitioners obtained the possession forcibly and running a
boutique in the name and style as ‘Vastra’. When the
non-applicant No.2 inquired about the possession of the said flat,
he was abused in filthy language and also threatened by the
present applicants, therefore, the non-applicant No.2 approached
to the Police Station and lodged a report. Police Officers called
both the parties and informed that the matter is civil in nature
and no cognizance is taken, therefore, the non-applicant No.2
approached to the learned Chief Judicial Magistrate by filing an
application under Section 156(3) of Cr.P.C. In view of the order
passed by the learned Chief Judicial Magistrate, the FIR came to
be registered. The Investigating Officer carry out the
investigation by drawing spot panchnama and recorded the
relevant statements of the witnesses and after completion of the
investigation and submitted the charge sheet against the present
applicants.
