The police had exonerated the three who she had accused of theft: Arif Patel, a businessman, who had helped her shift the paintings, Patel's manager Farooq Wadia, and Yasmeen Wallibhoy, in whose flats the paintings were later kept by Sheetal.
The crime branch had filed a 'B' summary report that closes the case as being false and malicious, having misled the police.
The magistrate had earlier granted Sheetal exemption from personal appearance in court. At a subsequent date too, however, she did not appear. Her lawyer said he wanted the 'B' summary case papers from the court to file a protest petition. The Bombay high court had in the meantime, passed an order expediting proceedings before the magistrate on an application by Yasmin. The HC had directed that an order on the closure report be passed within eight weeks, which ends in mid-February.
Crime Branch officials, who filed the report and sought her prosecution for giving false information and misleading the police, said the next date set was January 31, before the Esplanade court. The court has to yet begin hearing the matter as Mafatlal, the police said, is in London on business.
Crime branch sources said if the court, after holding a hearing, approves the closure report, Mafatlal will be prosecuted. "We have submitted the report and are waiting for court's nod to prosecute her. There is enough material and technical evidence to proceed against her,'' an officer said.
Mafatlal had complained that 31 paintings out of 48, including masterpieces by M F Husain, Francis Newton Souza and Syed Haider Raza, which were replaced with fakes while it was kept with a friend's place in Khar, were stolen. She had registered a complaint with the VP Road police station and the crime branch unit II probed the case.
The police said, "Sheetal intentionally executed a scheme to create fake copies of 31 paintings by well-known artists to falsely accuse her friends of forgery and theft, while she kept all original valuable paintings with herself."
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