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Roshani

August 09, 2014

In The Honâble High Court Judicature At Bombay Appellate Jurisdiction Restoration Application No..286... of 2014 In Cr.W.P.No.2037 of 2014 Ms.Roshani Sukhraji Bafna ..... Applicant V/s State of Maharashtra & 7 others. .... Respondents. Written Arguments of the Applicant hereinabove. The Petitioner most respectfully submits that the advocate shri Marwadi appearing for respondent No. 2,3 served me the copy of affidavitdt.10.6.2014 after disposal of cr.w.p.2037/2014 that is too without pageing to confuse me & to mislead this Honâble Court again. It is submitted that on 14.7.2014 while hearing the above Restoration Applica ... View More tion, the said advocate has refered several documents and tried to misguide & prejudice this Honâble Court against the Petioner to divert and derail the main issue ie. offence for obtaining false,forged and fabricated revenue record in criminal conspiracy with revenue department at Dahanu and on the basis of it obtained the decree by fraud upon the court in the land owned and possessed by the petitioner at village Manfod,Taluka Dahanu. It is submitted that I could not found which page he was refering, but I heard his arguments and in reply to it I say as under : 1) It is submitted that he has stated before the court that my father does not want to give his land to the Petitioner. It is submitted that in the affidavit dt. 10.6.2014 filed by the respondent no.2& 3 are relying at exh.N, ie. Wherin my father himself has admitted the facts that the N.A.land being serve No.21/1 at village Sarawli@ Manfod,Tal.Dahanu is owned & possessed by my daughter Ms.Roshani Bafna till the year 2003. He has also perused all the 7/12 extracts of my said land and godown construction since the year 1993 and admitted it. It certainly proved the case of Petitioner that it is never a case of adverse possession in the land at village Sarawli@Manfod. It also proved the false forged and fabricated 7/12 extracts at Exh.C at Petition which shows the name of respondent No. 2&3 for the year 2000-2001 for the same land owned & possessed by the Petitioner. In view of it this Honâble Court is requested to direct the Dahanu Police to register the complaint dt.1.12.2013 filed by the Petitioner against master mind of this fraud Chandraj Bothra,& others for forgery of revenue record of land at village Sarawli@Manfod for cheating to Petitioner & fraud upon the court, forthwith. 2) It is submitted that as regards Exh C,D,E, F,G,H,I & J of his affidavit,the Petitioner has already made it clear in her Petition at para 9,10,11,&12 which she rely upon at the time of her arguments. 3) It is submitted that as regards Exh.K ,L,& Q she says that Exh K is the complaint filed by the Petitioner before JMFC court at Dahanu for the direction u/s 156 of Cr.p.C. to the Police to register the FIR against mastermind of fraud,forgery,etc as the police has refused to register her complaint. Petitioner also shows the various settled position laid down by this Honâble Court as well as relying on the authority of Honâble Supreme Court in Lalitakumari vs.State of Up & ors.which says it is mandatory on police to register the FIR. It is submitted that for such serious offence the said Ld.Magistrate has rejected the application on the very same day ie.5.2.2014. best reason known to him. Thus shown disrespect to Honâble Supreme Court. It is submitted that the Exh.L is the civil remedy resorted by the Petioner before same Ld.magistrate to set aside the said order Dt.13.4.2004 obtained by fraud upon the court passed in RCC no.1/2004 .It is submitted that the petitioner relied on various authorities of Honâble Supre Court which says that no judjment of a court,no order of a minister can be allowed to stand if it has been obtained by fraudâIt is submitted that the authorities which says that the principle of res-judicata & time limitaion does not attract to the order obtained by fraud upon the court. The various athorities she relied are herein annexed at Exh.A for Your Lordships kind perusal. It is submitted that the Ld.Magistrate gone through the reply filed by me to Nishani 12, dt.10.4.2014 & perused the forged 7/12 extracts in the land owned by petitioner and satiesfied that it is a fraud upon the court but denied to take suo-motu legal action on the pretext that only High Court has powers .Thus again shown disrespect to Honâble Supreme Court which says that any court either superior or inferior court has power to take suo-motu legal action if found fraud upon the court. It is submitted that the said ld.magistrate has also denied the Petitioner to hear her suit being R.C.C. No.19/2014 at Exh.L on merit best reason known to him, thus again shows disrespect to Honâble Supreme Court. The Exh.Q is the criminal application dt.3.5.2014 filed by the Petitioer wherin she has statedView Less

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