USHA GOPICHAND SAWANT WIDOW OF LATE GOPICHAND SAWANTversusTHE STATE OF MAHARASHTRA AND ANR

                                                                     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



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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

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             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. ]




                 Digitally signed
                 by RAVINDRA
      RAVINDRA   MOHAN
      MOHAN      AMBERKAR
      AMBERKAR   Date:
                 2026.09.22
                 16:14:24 +0530




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