6. CRI WP-5320-22.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5320 OF 2022 Usha Gopichand Sawant .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents ....................  Mr. Amit A. Katarnaware a/w Mr. Aditya A. Katarnaware & Mr. Nilesh Lokhande, Advocate for Petitioner  Ms. Shilpa G. Talhar, APP for State  Mr. Ashish P. Agarkar, Advocate for Respondent No. 2 ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 22, 2026 P. C. : 1. Heard Mr. Katarnaware, learned Advocate for Petitioner; Ms. Talhar, learned APP for State and Mr. Agarkar, learned Advocate for Respondent No. 2. 2. Petitioner before me is 84 years old and she has sought to challenge the order dated 15.09.2022 passed by learned Metropolitan Magistrate 26th Court, Borivali with regard to taking partial cognizance of the offense. 3. After hearing Mr. Katarnaware, I am of the opinion that without interfering with the lis between the parties whereby the parties have already approached the Civil Court and more specifically, it is the Petitioner's own suit being Civil Suit No. 244 of 2022 pending before 1 of 3 6. CRI WP-5320-22.odt the learned City Civil Court at Dindoshi. Any interference in the order requiring a parallel investigation would jeopardize the Civil Court proceedings. Needless to state that one of the submissions which has been advanced by Mr. Katarnaware with regard to the signatures of the other legal heirs of the Petitioner having been forged by Respondent No. 2's son, the same can undoubtedly be proved in the Civil Suit itself for seeking the substantive relief for cancellation of the subject document. Keeping all questions open for the Petitioner to be agitated in the Civil Suit and more specifically in view of the advanced age of the Petitioner before me, I am inclined to pass a direction to the learned City Civil Court, Dindoshi to determine the said Civil Suit as expeditiously as possible and in any event within a period of six months from today. 4. I am informed that matter is slated before the learned Trial Court tomorrow. Copy of this order shall be produced before the concerned City Civil Court at Dindoshi at 11.00 a.m. tomorrow by Advocate for Petitioner. Learned City Civil Court shall take cognizance of this order and ensure that the said Civil Suit is taken to its logical end in accordance with law. This is the best course of action that this Court can propose. 5. Needless to state that the Civil Court shall not be influenced by any of the observations and findings with regard to the impugned 2 of 3 6. CRI WP-5320-22.odt order in the present Petition before this Court and the learned Civil Court shall determine the Civil Suit strictly on its own merits and in accordance with law on the basis of the evidence led by the Plaintiff - Petitioner herein and the evidence in rebuttal led by Defendants i.e. Respondents herein. 6. All contentions of the parties are otherwise expressly kept open. 7. Petition is disposed of in the above directions. Amberkar [ MILIND N. JADHAV, J. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.22 16:14:24 +0530