Bombay High Court
Alfred Aguiar Since Deceased Doreen ... vs A. C. Narayanan And Ors on 12 February, 2019
Author: Anuja Prabhudessai
Bench: B.P. Dharmadhikari, Anuja Prabhudessai
P.H. Jayani 01 APPLN3069.2000 WT CONN .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 3069 OF 2000
A.C. Narayanan and Anr. .....Applicants
v/s.
The State of Maharashtra & Anr. ...Respondents
WITH
CRIMINAL APPLICATION NO. 368 OF 2011
IN
CRIMINAL APPLICATION NO. 3069 OF 2000
Doreen Shaikh .....Applicant
v/s.
A.C. Narayanan and Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO. 3070 OF 2000
A.C. Narayanan and Anr. .....Applicants
v/s.
The State of Maharashtra & Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO. 367 OF 2011
IN
CRIMINAL APPLICATION NO. 3070 OF 2000
Alfred Aguiar (since decd.
1a) Doreen Shaikh .....Applicant
v/s.
A.C. Narayanan and Ors. ...Respondents
WITH
CRIMINAL APPLICATION NO. 404 OF 2015
IN
CRIMINAL APPLICATION NO. 3070 OF 2000
Alfred Aguiar (since decd.
1a) Doreen Shaikh .....Applicant
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P.H. Jayani 01 APPLN3069.2000 WT CONN .doc
In the matter between :-
A.C. Narayanan and Anr. ....Applicants
v/s.
The State of Maharashtra and Ors. ....Respondents
Mr. Mihir Gheewala a/w. Ishan Jani for the applicants.
Mr. S.A. Jabbar i/b. Tanvir Shaikh for R.No.2 in WP 3069/2000
and R.No.2(a) in WP 3070/2000.
Ms. A.S. Pai, APP for State.
CORAM: B.P. DHARMADHIKARI AND
SMT. ANUJA PRABHUDESSAI, JJ.
DATE : 12th FEBRUARY, 2019 P.C.:
. One of the contentions of the applicants is that the application under section 156(3) of Criminal Procedure Code has been bodily treated as FIR. No statement under section 161 of Cr.P.C. has been recorded and there is no investigation. Learned counsel for the applicants adds that in altogether different matter under section 420 of the Indian Penal Code, then pending in Court at Andheri against applicant no.1, a charge sheet was filed and most of the papers from that charge sheet are used to prepare charge sheet even in present matter.
2. Counsel for complainant-first informant disputes this. He submits that basic challenge was only to simultaneous prosecution of section 420 police complaint when complaint under section 138 of Negotiable 2/3 ::: Uploaded on - 15/02/2019 ::: Downloaded on - 17/03/2019 04:47:42 ::: P.H. Jayani 01 APPLN3069.2000 WT CONN .doc Instrument Act was pending.
3. In this situation, we keep the contentions open and ask the applicants to place on record the affidavit and material to show that papers from an incorrect matter have been borrowed and the charge sheet has been fabricated against the applicants in present matter.
4. List on 05/03/2019.
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