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NAINA v. THE STATE OF MAHARASHTRA

Supreme Court of India | Diary 5431/2020

Status

Order

Decided On

2024-11-28

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

NAINA

Respondent

THE STATE OF MAHARASHTRA

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO._____________/2024 (ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL) NO.1849/2020)

NAINA Appellant(s)

VERSUS

THE STATE OF MAHARASHTRA & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. Heard learned counsel appearing for the appellant and

learned counsel appearing for the State. The other

respondents have been duly served. The second respondent

is the complainant.

3. By the impugned order, the High Court partly allowed a

petition for quashing filed by the appellant and her

husband. The petition was for quashing charge-sheet

arising out of Crime No.312 of 2009 for the offences

punishable under Sections 420, 468, 471 read with Section

34 of the Indian Penal Code, 1860. The High Court granted

relief of quashing to the appellant’s husband but rejected

the prayer of the appellant. As noted by the High Court,

the allegation against the appellant and her husband was

that in furtherance of their common intention to grab the

2

property subject matter of the First Information Report

(FIR), they annexed a forged map and documents to the sale

deed of the vendor Gyatri Mukherjee while registering the

sale deed. Another allegation against the appellant is

that in spite of knowledge of forgery and fabrication of

map and documents, the appellant entered into an agr...

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