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2025 DAILYLAW 75970 (BOM)

AYAZ MUSHTAQUE AHMED KHAN v. THE STATE OF MAHARASHTRA AND ORS.

WP/2176/2018 · 2025-11-04

Shri Shyam C Chandak, Smt Bharati Dangre

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

P.H. Jayani 16 WP2176.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2176 OF 2018 Ayaz Mushtaque Ahmed Khan …. Petitioner V/s. The State of Maharashtra and Ors. …. Respondents Adv. Abhilasha Pawar a/w. Mr. Aniket Nikam i/b. Mr. Aashish Satpute for the Petitioner. Ms. Sangeeta Shinde, APP for the Respondent – State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATED : 04th NOVEMBER, 2025 P.C. :- . The Petition filed in the year 2018 seek registration of the FIR on the basis of a complaint addressed by the Petitioner to the DCP, Nagpada Police Station with regards to the subject of ‘fraud, cheating and forgery’ in respect of two shop numbers i.e., Gala Nos.8 and 9 and Gala Nos.11 and 12 situated at Qureshi Estate, Shuklaji Street, Mumbai. 2) On reading of the complaint, it appears that the complainant is a tenant of the Galas and there is a tenancy agreement entered through the mother of the Petitioner who is a Power of Attorney holder and the pleadings reflecting some fraud being played by the developer and the landlord who 1/2 P.H. Jayani 16 WP2176.2018.doc had altered the map. There are several other allegations which are levelled which flow out of the tenancy agreement and the relationship between the tenant and the landlord, who has engaged the services of a developer for developing the premises. 3) On perusal of the complaint, we are of the view that the complaint though addressed to the DCP, do not have any criminal element to be investigated into as the relationship between the parties is purely contractual in nature. 4) For the aforesaid reason, we are not inclined to entertain the Petition which seeks registration of the FIR based upon the aforesaid complaint. The Petition stands dismissed. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 2/2 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2025.11.07 19:12:41 +0530